How should patent examiners address antecedent basis issues?

Patent examiners should address antecedent basis issues in a constructive manner. The MPEP 2173.05(e) provides guidance:

“The examiner’s task of making sure the claim language complies with the requirements of the statute should be carried out in a positive and constructive way, so that minor problems can be identified and easily corrected, and so that the major effort is expended on more substantive issues.”

Examiners should suggest corrections to antecedent problems, as these are often drafting oversights that can be easily fixed. However, it’s important to note that even if a correction is possible, the indefiniteness issue should still be raised in the Office action to ensure compliance with 35 U.S.C. 112(b).

To learn more:

• patent examination
• antecedent basis
• claim amendments
• office actions