When counting claims, how is a dependent claim treated?

A dependent claim is considered an additional claim that adds further limitations or details to an independent claim from which it depends. The key aspect of the rules governing claims in a patent application is that each dependent claim is treated as a single claim and adds to the total number of claims in the application.

When counting claims for purposes such as determining fees, a dependent claim counts as one claim in addition to the independent claim from which it derives. This means that if a dependent claim is relying on an independent claim, it is acknowledged as a valid claim, contributing to the overall count.

This understanding is critical when preparing patent applications and planning the associated fees, as each dependent claim can increase the total number of claims and potentially affect the maintenance fees in the future. In contrast, the other options misrepresent the treatment of dependent claims, either by discounting their value or mischaracterizing how they are counted in the overall claim count.