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How are partial structures of chemical compounds treated in patent claims?

By russ.krajec@blueironip.com | September 30, 2024

Partial structures of chemical compounds in patent claims are not automatically considered indefinite. The MPEP 2173.05(t) provides guidance on this matter: “A claim to a chemical compound is not indefinite merely because a structure is not presented or because a partial structure is presented.” This approach is exemplified in the case of In re Fisher,…

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Is a chemical compound claim indefinite if a complete structure is not presented?

By russ.krajec@blueironip.com | September 29, 2024

No, a chemical compound claim is not automatically considered indefinite if a complete structure is not presented. The MPEP 2173.05(t) clarifies this point: “A claim to a chemical compound is not indefinite merely because a structure is not presented or because a partial structure is presented.” This guidance is based on court decisions, such as…

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