Can a Markush claim include both compounds and processes?
Can a Markush claim include both compounds and processes? Yes, a Markush claim can include both compounds and processes, as long as they share a common use or property. The MPEP 2117 provides guidance on this: “A Markush claim may encompass a plurality of independent and distinct inventions where two or more members are so…
Read MoreWhat are the four statutory categories of patent-eligible subject matter?
The four statutory categories of patent-eligible subject matter, as defined in 35 U.S.C. 101, are: Processes Machines Manufactures Compositions of matter As stated in the MPEP, “The latter three categories define ‘things’ or ‘products’ while the first category defines ‘actions’ (i.e., inventions that consist of a series of steps or acts to be performed).” To…
Read MoreWhat are the four categories of statutory subject matter for patent eligibility?
The four categories of statutory subject matter for patent eligibility, as enumerated in 35 U.S.C. 101, are: Processes Machines Manufactures Compositions of matter As stated in the MPEP: “These “four categories together describe the exclusive reach of patentable subject matter. If a claim covers material not found in any of the four statutory categories, that…
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