How does the clarity of claims affect the international search and examination process?

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.

The clarity of claims plays a crucial role in the international search and examination process under the Patent Cooperation Treaty (PCT). MPEP 1843.03 highlights this importance:

“If the International Searching Authority considers that the description, claims, or drawings are so unclear, or the claims are so inadequately supported by the description that no meaningful opinion can be formed on the novelty, inventive step (non-obviousness), or industrial applicability of the claimed invention, the Authority shall not go into these issues in its written opinion with regard to the claims so affected.”

This means that unclear claims can result in:

• Inability to conduct a meaningful search
• No substantive written opinion on patentability criteria
• Potential delays in the patent examination process

Applicants should ensure their claims are clear and well-supported by the description to facilitate a thorough international search and examination. This is in line with PCT Rule 43bis.1(b) and PCT Rule 66.1(e), which govern the written opinion of the International Searching Authority.