Is a chemical compound claim indefinite if a complete structure is not presented?

No, a chemical compound claim is not automatically considered indefinite if a complete structure is not presented. The MPEP 2173.05(t) clarifies this point:

“A claim to a chemical compound is not indefinite merely because a structure is not presented or because a partial structure is presented.”

This guidance is based on court decisions, such as In re Fisher, where the court held that the absence of a complete structure broadens the claim but does not render it indefinite. However, it’s important to note that such claims may raise questions about the sufficiency of disclosure.

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Topics: MPEP 2100 - Patentability, MPEP 2173.05(T) - Chemical Formula, Patent Law, Patent Procedure
Tags: chemical compounds, indefiniteness, Partial Structures, patent claims