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