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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 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. According to MPEP 1874 , if an examiner finds that claims are unclear or inadequately supported, they should take the following actions: Not proceed with the examination on those specific claims Inform the applicant of this opinion and provide reasons 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Not Requiring International Preliminary Examination Must Be Marked MPEP 1874 Required Claims Must Be Supported by Clear Description MPEP 1874 Recommended Claims Must Be Definite for Examination MPEP 1874 Required Claims Must Have Industrial Applicability but Lack Novelty and Inventive Step MPEP 1845.01 Reasons for Lack of Novelty, Inventive Step, or Industrial Applicability Must Be Given MPEP 1845.01 Required Inventive Step Determination Using Applicant Acknowledgments MPEP 1843.01 Recommended Conclusion Statement for Novelty, Inventive Step, and Industrial Applicability Must Be Accompanied by Supporting Citations and Explanations MPEP 1879 Required Explanations Must Point to Novelty, Inventive Step, and Industrial Applicability MPEP 1879 Required Requirement for Comprehensive Patent Examination M...