How should a Markush group be properly formatted in a patent claim?

A Markush group in a patent claim should be formatted as a closed group of alternatives. According to the MPEP 2173.05(h):

“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.”

The MPEP also notes that the specific format used is not critical, providing examples:

  • “a material selected from the group consisting of A, B, and C”
  • “wherein the material is A, B, or C”

It’s important to use closed language to clearly define the scope of the alternatives.

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Topics: MPEP 2100 - Patentability, MPEP 2173.05(H) - Alternative Limitations, Patent Law, Patent Procedure
Tags: Alternative Limitations, Claim Construction, Markush Group, Patent Claim Formatting