What should examiners consider when reviewing dependent claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When examining dependent claims, patent examiners have specific considerations. The MPEP 2173.05(f) states:

“When examining a dependent claim, the examiner should also determine whether the claim complies with 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, fourth paragraph.”

This means that examiners must ensure that dependent claims properly incorporate all limitations of the claim(s) they depend from and further limit the subject matter. For more detailed guidance, the MPEP directs examiners to:

“See MPEP § 608.01(n), subsection III.”

Examiners must evaluate both the clarity of references to other claims and the proper dependency structure when reviewing dependent claims.