Table of Contents
What is Markush group?
A Markush group is a claim drafting tool used to capture various alternative elements or species in a single claim. A typical Markush group is structured using the following language: “selected from the group consisting of A, B, and C” or “selected from the group consisting essentially of A, B, and C.
What is a Markush formula?
A Markush structure is a representation of chemical structure used to indicate a group of related chemical compounds. They are commonly used in chemistry texts and in patent claims.
What is Markush claims?
A Markush claim refers to a chemical structure by means of symbols indicating substituent groups. In such a claim, one or more parts of the claimed compound comprise multiple functionally equivalent chemical entities.
Can you use and/or in a patent claim?
In referring to the specification for guidance, the court found that the patentee “substitute[d] either the word ‘or’ or the phrase ‘and/or’ for the word ‘and’ every time they describe an embodiment of the claim.” Thus, the court accepted the patentee’s proposed interpretation and concluded that the only way the claims …
How do I search for a Markush structure?
To conduct a Patent Markush search, click the Substances search type. Draw the query using a structure editor, and then check the box for Search Patent Markush. Click the magnifying glass to submit the query. Results are displayed on the Patent Markush page.
What are the basic types of patent claims?
Types of patent claims
- Independent and dependent claims. An independent claim can be defined as a claim consisting of the limitations necessary to define an invention.
- Mean plus function claim.
- Apparatus claim.
- Method claim.
- Composition claim.
How do you write a good patent claim?
Starting to Draft Claims. First, include a claim that defines your invention in broad terms, leaving out any and all unnecessary options. Second, include another claim that defines your invention with as much specificity and with every option you can think of.
Who owns the rights to a patent?
the inventor
A patent application and any resulting patent is owned by the inventor(s) of the claimed invention, unless a written assignment is made or the inventors are under an obligation to assign the invention, such as an employment contract.
How many claims can a patent have?
Under the new rules, the USPTO will effectively limit the number of claims in any one application to 5 independent claims and 25 total claims (the “5/25” rule).
What is a Markush claim in MPEP?
See also MPEP § 2111.03. A Markush grouping may include a large number of alternatives, and as a result a Markush claim may encompass a large number of alternative members or embodiments, but a claim is not necessarily indefinite under 35 U.S.C. 112 (b) for such breadth.
What is Markush grouping in a Markush?
A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group “consisting of” (rather than “comprising” or “including”) the alternative members. Abbott Labs., 334 F.3d at 1280, 67 USPQ2d at 1196.
Can a Markush claim be rejected for improper grouping?
A Markush claim may be rejected under judicially approved “improper Markush grouping” principles when the claim contains an improper grouping of alternatively useable members.
What is a qualifying language in a Markush claim?
If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited alternatives (such as “at least one member” selected from the group), or within the list of alternatives (such as “or mixtures thereof”). Id.