Is a chemical compound claim indefinite if a complete structure is not presented?
No, a chemical compound claim is not automatically considered indefinite if a complete structure is not presented. The MPEP 2173.05(t) clarifies this point:
“A claim to a chemical compound is not indefinite merely because a structure is not presented or because a partial structure is presented.”
This guidance is based on court decisions, such as In re Fisher, where the court held that the absence of a complete structure broadens the claim but does not render it indefinite. However, it’s important to note that such claims may raise questions about the sufficiency of disclosure.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(T) - Chemical Formula,
Patent Law,
Patent Procedure