Leveraging Text (DOCX)

Dependent claim incorrectly identified as independent claim

I just submitted an application today with 3/20 independent/total claims; when uploaded, Patent Center flagged it as having 4/20 independent/total claims.  It then filled out the fees due according to this claim count.  The culprit was claim 3, which recited:

3. The apparatus of either claim 1, wherein the.... (substantive material omitted since not public; underlining was added for this post).

The claim had started out as a multiple-dependent, but was edited to be single-dependent prior to filing.  The "either," however, inadvertently remained, which seemed to cause this error.  When corrected, Patent Center properly evaluated the claims as having 3/20 independent/total claims.

It seems like a rather odd error, as one would think that the parsing system would simply look for "claim" followed by a number in a claim (or claim preamble) to determine if claim was independent or dependent.  The presence of an "either" in front of "claim" shouldn't really affect this.




1 vote
1 up votes
0 down votes
Idea No. 34