How does the examiner determine if a Markush claim is too broad?
How does the examiner determine if a Markush claim is too broad?
An examiner determines if a Markush claim is too broad by assessing whether the claim encompasses a large number of independent and distinct inventions. According to MPEP 803.02:
“If the members of the Markush group are sufficiently few in number or so closely related that a search and examination of the entire claim can be made without serious burden, the examiner must examine all the members of the Markush group in the claim on the merits, even though they may be directed to independent and distinct inventions.”
However, if the Markush group contains a large number of alternatives or widely diverse elements, the examiner may determine that a serious search burden exists and require an election of species.
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