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[Hello]

I have an invention and in the first independent claim I have some novelty, however, EVERYTHING in the dependent claims are known and used.   What value does this have?   Meaning, if I have a novel claim and I go a receit tons of claims dealing with everything that is known and used, that is related to my first claim, I then have a patent on it?

[Wiscagent]

There are several aspects to this question.  

Regarding patent prosecution (i.e. getting a patent granted by the patent office) - if the independent claim is allowable, then all of the claims that depend upon it are normally also allowable.  I wrote “normally” because there can be errors of format or other problems that could create exceptions.

Regarding blocking others from patenting aspects of your invention – by clearly stating ways in which the broadly defined invention (i.e. independent claim) can be used, you can create prior art that blocks others from patenting those aspects of your invention.  Note that you can do this anywhere in the specification, including the claims; or for that matter in a completely separate publication.  Still there can be some value in explicitly claiming limited, but commercially valuable aspects.  If nothing else, it informs the less sophisticated reader of your patent that - YES – your patent does cover that embodiment.

Regarding litigation – you wrote that your independent claim has novelty; presumably this is based on your own and/or on the examiner’s prior art search.  Regardless of those searches, if you choose to assert your patent rights, be assured that others will conduct searches – probably far more rigorous searches than have already been conducted.  There is a good chance that prior art anticipating your independent claim will be found.  If you only have that independent claim, you have effectively lost the patent.  If you have dependent claims, they may still be valid and enforceable.