How does the USPTO handle antecedent basis issues in Markush groups?
The USPTO has specific guidelines for handling antecedent basis issues in Markush groups, which are alternative limitations in patent claims. According to MPEP 2173.05(e): “A Markush group that lists alternative members does not provide antecedent basis for a later claim to one of the members as a individual element. For example, if a claim recites…
Read MoreDoes lack of antecedent basis always make a claim indefinite?
No, lack of antecedent basis does not always render a claim indefinite. According to MPEP 2173.05(e): “Obviously, however, the failure to provide explicit antecedent basis for terms does not always render a claim indefinite. If the scope of a claim would be reasonably ascertainable by those skilled in the art, then the claim is not…
Read MoreDoes additional elements in the claim body not mentioned in the preamble cause indefiniteness?
No, the presence of additional elements in the body of a claim that are not mentioned in the preamble does not automatically render the claim indefinite. The MPEP 2173.05(e) clarifies: “The mere fact that the body of a claim recites additional elements which do not appear in the claim’s preamble does not render the claim…
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