What actions must a patent examiner take when encountering indefinite claim language?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 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. When a patent examiner encounters indefinite claim language, they are required to take specific actions. The MPEP provides clear guidance: “ Therefore, claims that do not meet this standard must be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph as indefinite. Such a rejection requires that the applicant respond by explaining why the language is definite or by amending the claim, thus making the record clear regarding the claim boundaries prior to issuance. “ Additionally, the examiner must provide a thorough explanation for the rejection: “ As an indefiniteness rejection requires the applicant to respond by explaining why the language is definite or by amending the claim, such rejections must clearly identify the language that causes the claim to be indefinite and thoroughly explain the reasoning for the rejection. ” This ensures that the applicant has a clear understanding of the issues and can respond appropriately. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Required Claims Must Particularly Point Out and Distinctly Claim the Invention MPEP 2173 Claims Must Clearly Define Boundaries MPEP 2173 Required Requirement for Clear Claim Boundaries MPEP 2173 Required Claims Must Be Clear and Definite MPEP 2173 Requirement for Clear Claim Language MPEP 2173 Permitted Definiteness Requirement for Claims MPEP 2173 Required Claim Must Be Definite Under Section 112(b) MPEP 2173 Material Mistake Required for Corrected Publication MPEP 1130 Permitted Claim for Priority/Benefit Must Be Filed in Reissue Application MPEP 1410 Required Other Related FAQs 5 FAQs Collaps...