How does unclear description or inadequate support affect international preliminary examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 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. According to MPEP 1874 , unclear description or inadequate support can significantly impact international preliminary examination. The MPEP states: “If any of the situations referred to in subparagraph (a) is found to exist in, or in connection with, certain claims only, the provisions of that subparagraph shall apply only to the said claims.” This means that if the description, claims, or drawings are so unclear, or if the claims are inadequately supported by the description, the examiner may not be able to form a meaningful opinion on novelty, inventive step, or industrial applicability. In such cases, the examiner should: Not proceed with the examination on those specific claims Inform the applicant of this opinion and the reasons for it Check the appropriate box on Form PCT/IPEA/408 or Form PCT/IPEA/409 Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Be Supported by Clear Description MPEP 1874 Recommended Reasons for Lack of Novelty, Inventive Step, or Industrial Applicability Must Be Given MPEP 1845.01 Required Claims Not Requiring International Preliminary Examination Must Be Marked MPEP 1874 Required Conclusion Statement for Novelty, Inventive Step, and Industrial Applicability Must Be Accompanied by Supporting Citations and Explanations MPEP 1879 Required Explanations Must Point to Novelty, Inventive Step, and Industrial Applicability MPEP 1879 Required Claims Must Be Definite for Examination MPEP 1874 Required Claims Must Have Industrial Applicability but Lack Novelty and Inventive Step MPEP 1845.01 Inventive Step Determination Using Applicant Acknowledgments MPEP 1843.01 Recommended Provisional Application Must Adequately Support Claims MPE...