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Dependent claim

Definition

A claimclaimA numbered sentence at the end of a patent that legally defines what the inventor owns. The most important section.Read more → that refers back to and further limits another claim. For example: "The device of claim 1, wherein the housing is made of aluminum." If the claim it depends on is invalid, the dependent claimdependent claimA claim that adds a limitation to another claim. Narrower in scope but easier to enforce.Read more → also falls. Dependent claimsclaimsThe numbered statements at the end of a patent that legally define what the inventor owns.Read more → provide narrower protection but serve as fallbacks — if broader independent claims are invalidated, narrower dependent claims may survive.

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Related terms

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Cross-referenced

Claim

The numbered sentences at the end of a patent that define exactly what is legally protected. Claims are the only part of a patent that determine infringement — if a product or process doesn't fall within the scope of at least one claim, there is no infringement. Every other part of a patent (abstract, drawings, specification) exists to support and illuminate the claims.

Cross-referenced

Claim differentiation

A canon of claim construction: different claims are presumed to have different scope, so a limitation spelled out in a dependent claim is presumed to be absent from the broader independent claim it depends on. It is used to argue an independent claim should be read broadly.

Declaratory judgment

A lawsuit in which a company that fears being sued for infringement asks a court to rule first — typically that it does not infringe, or that the patent is invalid. It lets an accused party control the timing and forum instead of waiting to be sued.

Double patenting

A rejection that stops an inventor from getting two patents for the same invention, or for an obvious variation of it. The common obviousness-type double patenting is usually overcome with a terminal disclaimer that ties the two patents' expiration dates together.

Design patent

A patent covering the ornamental appearance of a functional object — its shape, configuration, or visual design — not how it works. Design patents last 15 years from grant. They are faster and less expensive to obtain than utility patents. Apple's US D618,677 patent on the iPhone's rounded-rectangle shape is a famous example; it was central to over $1 billion in damages against Samsung.

Divisional

A patent application split off from a parent application because the USPTO determined the parent contained claims to more than one distinct invention. When an examiner issues a "restriction requirement," the applicant must elect one group of claims to pursue in the parent; the rest can be filed as a divisional. Divisionals get the parent's original filing date.

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