11.2.6 Independent and Dependent Claims involve the way a patent application is composed. An independent claim is the main claim of the patent and stands alone. It does not refer to any other claims in the application. A dependent claim is a claim that is dependent on another claim in the application. It must be related to the independent claim and include additional elements or limitations. Dependent claims are typically used to broaden the scope of the patent. The types of dependent claims are "Multiple Dependent Claims," which refer to multiple other claims in the application, and "Object-Oriented Dependent Claims," which refer to a single other claim in the application.
11.2.6 Independent and Dependent Claims
State:
Multi-State
Control #:
US-JURY-7THCIR-11-2-6
Format:
Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
Each independent claim consists of three parts: the preamble, a transitional word or phrase, and the body. The function of the preamble is to set forth the general technical environment of the invention.
Further, a dependent claim incorporates all of the limitations of the claim or claims from which it depends. In a majority of cases, a dependent claim will refer back to an independent claim; however, it is entirely proper for a dependent claim to refer back to another dependent claim.
These standard initial filing fees allow an applicant to file up to 20 claims, of which 3 may be independent. Therefore, any independent claims over 3 or any total claims over 20 will be considered excess claims which will require payment of an excess claims fee.
An independent claim is a standalone claim that contains all the limitations necessary to define an invention. A dependent claim must refer to a claim previously set forth and must further limit that claim. A claim in dependent form incorporates by reference all the limitations of the claim to which it refers.
? An independent claim refers to a stand alone claim. that contains all the limitations necessary to define an. invention. ? A dependent claim refers to a previous claim and must. add a further limitation to the previous claim.
There are three types of independent claims: (1) a claim for a ?thing,? such as a composition of matter, machine, apparatus or device; (2) a claim for a method of making a ?thing?; and (3) a claim for a method of using a ?thing.? Below is the primary illustration in US Patent No.
Examples of dependent claims: a box-like metal frame, wherein the power source and the lead-gold zapper element are retained inside the box-like metal frame. 3. The apparatus of claim 1, wherein the power source is an electric motor.