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[gina]

I'm studying of a book "Landies on Mechanics of patent claim drafting" and have a question on this book.
In the summary of section 62 of this book (it's discussing about "undue multiplicity"), it wrote that "Dependent claims will help in avoiding multiplicity rejections"
But, I don't understant why the dependent claim, which will increase the number of the claims, can help to avoid the multiplicity rejection. Is there any one can explain that for me?
Thanks a lot

Gina

[eric stasik]

Dear Gina,

Landis is an excellent reference. Multiplicity refers to what is called in Europe as "Unity of Invention." The requirement for "unity of invention" is intended to ensure that a granted patent does not claim a number of distinctly different inventions.

There are several practical reasons for this: to not force the examiner to do separate searches on separate inventions, to discourage applicants from trying to get several inventions patented under one application fee, and to provide the public with a document that is more clear as to what is patented.

A dependent claim includes every limitation of the claim from which it depends. As a practical matter, by drafting claims in dependent form it becomes very difficult for the subject matter of the dependent claim to cover a distinctly different invention than that of the indenpendent claim from which it depends.  

Drafting in this manner does not increase the number of claims per se and it may help to avoid extra fees imposed by having too many independent claims.

I hope this helps.

Kind Regards,

Eric Stasik

[gina]

Dear all

Thanks!!  I get it.
It help me a lot.

Gina