What are alternative ways to claim chemical compounds in patents?
Chemical compounds can be claimed in patents through various methods beyond structural formulas. The MPEP 2173.05(t) outlines several alternative approaches:
- Name-based claims: “Chemical compounds may be claimed by a name that adequately describes the material to one skilled in the art.”
- Characteristic-based claims: “A compound of unknown structure may be claimed by a combination of physical and chemical characteristics.”
- Process-based claims: “A compound may also be claimed in terms of the process by which it is made without raising an issue of indefiniteness.”
These methods provide flexibility in claiming chemical compounds, especially when complete structural information is unavailable or when alternative descriptors are more appropriate.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(T) - Chemical Formula,
Patent Law,
Patent Procedure