When counting claims, how is a dependent claim treated?

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A dependent claim is treated as a claim that includes all the limitations of the independent claim it depends on, while also adding its own narrower limitations. Therefore, in terms of counting claims, a dependent claim is considered to count as one claim because it is a valid claim that recites the elements of the independent claim plus additional features.

The reasoning behind this treatment is to ensure that every legally distinct claim is accounted for when determining the total number of claims in a patent application. Each dependent claim adds specific nuances to the independent claim from which it derives, making it a separate entity in the eyes of patent law even though it relies on the independent claim for its validity.

In contrast, the options regarding counting as zero, not at all, or as separate for multiple dependencies do not accurately represent how dependent claims are treated under U.S. patent laws. Each dependent claim stemming from an independent claim is still recognized as a claim for the purpose of counting, reflecting its importance in the protection afforded by a patent.

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