Can a chemical compound be claimed by its characteristics instead of its structure?
Yes, chemical compounds can be claimed by their characteristics when the structure is unknown. The MPEP 2173.05(t) provides this option: “A compound of unknown structure may be claimed by a combination of physical and chemical characteristics.” This approach is supported by legal precedent, such as Ex parte Brian. When structural information is unavailable or incomplete,…
Read MoreWhat are alternative ways to claim chemical compounds in patents?
Chemical compounds can be claimed in patents through various methods beyond structural formulas. The MPEP 2173.05(t) outlines several alternative approaches: Name-based claims: “Chemical compounds may be claimed by a name that adequately describes the material to one skilled in the art.” Characteristic-based claims: “A compound of unknown structure may be claimed by a combination of…
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