Multiple Dependent Claims in a Patent Application: Role and Importance

Any claim in the application that lists multiple dependents is subject to a specific one-time cost. For calculating fees, any dependent claim that is dependent upon multiple dependent claims is treated as having the same number of dependent claims. In the US, it is preferable to have a single dependent claim as opposed to several dependent claims for minimization fee and claim clarity reasons. However, the claim drafter is free to use as many valid dependent claims as they choose. 

In the USA, if a non-provisional application includes accurate multiple dependent claims, a multiple dependent claim fee of US$ 860 is assessed for large entities. If there are more than twenty claims, there is also an excess claim cost of US$ 100 per excess claim. 

Let us understand this concept with an example:  

Claim 1 (An independent claim) 

A writing device comprising: 

a body; 

a base; and  

a nib 

Claim 2 (A dependent claim) 

The writing device of claim 1 further comprises a detachable cap attached to the body. 

Claim 3 (A dependent claim and multiple dependent claims) 

The writing device of claim 1 or 2, wherein the body is made of plastic.  

Claim 4 (A dependent claim and A multiple dependent claim depending on Another multiple dependent claims) 

The writing device of any one of claims 1 to 3, wherein the body is attached to the base. 

Claim 5 (A dependent claim) 

The writing device of claim 3, wherein a holder is attached to the body.  

In the above case, the official fee is calculated for seven claims (1+1+2+1+2) and not as five claims. This is because claim 3 depends on two claims i.e., claim 1 or 2, so would be counted as two claims. Next, claim 4 is drafted as an improper multiple-dependent claim depending on another multiple-dependent claim, it would still be counted as one claim. Lastly, claim 5 which depends on claim 3 is considered as two claims because claim 3 depends on two claims, claim 1 or claim 2. Due to these issues, it is advised that a claim set be submitted with just independent claims and single dependent claims—not numerous dependent claims—when submitting an application to the USPTO.  

In contrast, other nations, like Japan and Europe, permit an unlimited number of dependent claims, the official fees are determined depending on the actual number of claims. As a result, it is preferable to construct all dependent claims to depend on their preceding claims when it is practicable to do so, given that the claimed elements are stated in the claims in order to widen the scope of rights. In Europe, an additional official fee must be paid if the number of patent claims reaches fifteen.