Can a lack of spectroscopic data make a chemical formula indefinite?
No, the absence of spectroscopic or other corroborating data does not automatically render a chemical formula indefinite. The MPEP 2173.05(t) clearly states: “The absence of corroborating spectroscopic or other data cannot be the basis for finding the structure indefinite.” This guidance is based on legal precedents such as Ex parte Morton and Ex parte Sobin.…
Read MoreWhat is the role of drawings in satisfying the written description requirement?
Drawings can play a crucial role in satisfying the written description requirement. The MPEP states: “An applicant may show that the inventor was in possession of an invention by disclosure of drawings or structural chemical formulas that are sufficiently detailed to show that the inventor was in possession of the claimed invention as a whole.”…
Read MoreHow are chemical formulas treated in patent claims?
Chemical formulas in patent claims are generally treated as definite and non-speculative, unless there is evidence to the contrary. The MPEP 2173.05(t) states: “Claims to chemical compounds and compositions containing chemical compounds often use formulas that depict the chemical structure of the compound. These structures should not be considered indefinite nor speculative in the absence…
Read MoreHow should chemical formulas be presented in a PCT application abstract?
How should chemical formulas be presented in a PCT application abstract? Chemical formulas in PCT application abstracts require specific formatting. The MPEP 1826 provides guidance on this: “Chemical formulas and tables may be included in the abstract. The abstract may not include other drawings or flow sheets.” When including chemical formulas in your abstract: Ensure…
Read MoreHow should charts, tables, or chemical formulas be handled in reissue applications?
When dealing with charts, tables, or chemical formulas in reissue applications, special care must be taken to maintain their integrity. The MPEP 1411 provides specific guidance: “If a chart, table, or chemical formula is amended and it spans two columns of the patent, it should not be split. Rather, the chart, table, or chemical formula…
Read MoreShould I include drawings or chemical formulas in my patent application abstract?
While the abstract itself should not include drawings, it can refer to them. The MPEP 608.01(b) provides guidance on including references to drawings and chemical formulas: Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a…
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