What is a Markush group in patent claims?
A Markush group is a claim construction that lists alternatives to define a limitation in a patent claim. As stated in the MPEP 2173.05(h): “Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims, after the appellant in Ex parte Markush, 1925…
Read MoreCan a Markush group include combinations or mixtures of alternatives?
Yes, a Markush group can include combinations or mixtures of alternatives, but it requires specific language to make this clear. The MPEP 2173.05(h) provides guidance on this: “If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited…
Read MoreWhat is a Markush group in a patent claim?
A Markush group is a way of claiming a list of alternatively useable members in a patent claim. According to MPEP 2173.05(h): “A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group ‘consisting of’ (rather than ‘comprising’ or ‘including’) the alternative members.” Markush groups are typically used to…
Read MoreCan a Markush group in a patent claim be indefinite?
Yes, a Markush group in a patent claim can be indefinite under certain circumstances. The MPEP 2173.05(h) states: “In certain circumstances, however, a Markush group may be so expansive that persons skilled in the art cannot determine the metes and bounds of the claimed invention. For example, if a claim defines a chemical compound using…
Read MoreHow should a Markush group be properly formatted in a patent claim?
A Markush group in a patent claim should be formatted as a closed group of alternatives. According to the MPEP 2173.05(h): “A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group ‘consisting of’ (rather than ‘comprising’ or ‘including’) the alternative members.” The MPEP also notes that the specific…
Read MoreIs double inclusion of an element in a Markush group a basis for rejection?
Double inclusion of an element in a Markush group is not, in itself, a sufficient basis for rejection of a claim. The MPEP 2173.05(h) states: “The double inclusion of an element by members of a Markush group is not, in itself, sufficient basis for objection to or rejection of claims. Rather, the facts in each…
Read MoreWhat is the difference between ‘consisting of’ and ‘comprising’ in Markush groups?
The choice between ‘consisting of’ and ‘comprising’ in Markush groups is crucial as it affects the scope of the claim. According to the MPEP 2173.05(h): “A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group ‘consisting of’ (rather than ‘comprising’ or ‘including’) the alternative members.” ‘Consisting of’ creates…
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