Can a Markush claim be rejected as indefinite?

Yes, a Markush claim can be rejected as indefinite under 35 U.S.C. 112(b) if one skilled in the art cannot determine the metes and bounds of the Markush claim due to an inability to envision all of the members of the Markush grouping. This typically occurs when: The list of alternatives is not a closed…

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What is a Markush claim?

A Markush claim is a type of patent claim that recites a list of alternatively useable members. The key characteristics of a Markush claim are: It lists specified alternatives within a claim The alternatives are selected from a closed group “consisting of” the listed members The members share a “single structural similarity” and a common…

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