What actions should an examiner take if claims are unclear or inadequately supported?

According to MPEP 1874, if an examiner finds that claims are unclear or inadequately supported, they should take the following actions:

1. Not proceed with the examination on those specific claims
2. Inform the applicant of this opinion and provide reasons
3. Check the appropriate box on the examination form

The MPEP states:

“The examiner should check the appropriate box if it is found that the description, claims or drawings are so unclear, or the claims are so inadequately supported by the description that no opinion could be formed as to the novelty, inventive step (nonobviousness) and industrial applicability of the claimed invention.”

This approach ensures that applicants are informed of issues preventing a meaningful examination and allows them to address these issues if they choose to pursue the application further.

To learn more:

• International Preliminary Examination
• PCT
• Patent Cooperation Treaty
• Patent Claims
• Patent Examination