Can a lack of spectroscopic data make a chemical formula indefinite?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 . While spectroscopic data can provide additional support for a chemical structure, its absence does not inherently make the structure indefinite or speculative in patent claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Structure Not Indefinite Without Corroborating Data MPEP 2173.05(t) Prohibited Structure Formula Not Indefinite Without Evidence MPEP 2173.05(t) Formula Must Not Be Considered Indefinite Without Evidence MPEP 2173.05(t) Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Required Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Definiteness Requirement for Claims MPEP 2173 Required Claim Must Be Definite Under Section 112(b) MPEP 2173 Claims Must Be Clear and Definite MPEP 2173 Requirement for Clear Claim Language MPEP 2173 Permitted Claims Must Clearly Define Boundaries MPEP 2173 Required Other Related FAQs 5 FAQs Collapse What are alternative ways to claim chemical compounds in patents? Is a chemical compound claim indefinite if a complete structure is not presented? How are chemical formulas treated in patent claims? Can a chemical compound be claimed by its characteristics instead of its structure? How are partial structures of chemical compounds treated in patent claims?