What is the “single structural similarity” requirement for Markush groups?
What is the “single structural similarity” requirement for Markush groups?
The “single structural similarity” requirement for Markush groups refers to a common structure or feature shared by all members of the group. According to MPEP 2117, this requirement is essential for a proper Markush grouping:
“Members of a Markush group share a ‘single structural similarity’ when they belong to the same recognized physical or chemical class or to the same art-recognized class.”
The MPEP further elaborates:
“A recognized physical class, a recognized chemical class, or an art-recognized class is a class wherein there is an expectation from the knowledge in the art that members of the class will behave in the same way in the context of the claimed invention.”
This means that all alternatives in a Markush group should have a common core structure or a common property that is responsible for their shared activity or function. For example, in a chemical Markush group, all compounds might share a specific functional group or a common basic structure that is responsible for their activity.
The single structural similarity ensures that the Markush group is cohesive and that the claimed alternatives are related in a way that is relevant to the invention.
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