What are the consequences of improper multiple dependent claims in PCT applications?
Improper multiple dependent claims in PCT applications can lead to significant consequences during the international search and examination process. According to MPEP 1843.03:
“Further, the examiner may determine that a meaningful search cannot be carried out or that no meaningful opinion can be formed for improper multiple dependent claims (see PCT Rule 6.4(a)).”
This means that if an application contains improper multiple dependent claims, it may result in:
- The International Searching Authority being unable to carry out a meaningful search
- No meaningful opinion being formed on novelty, inventive step, or industrial applicability
PCT Rule 6.4(a) sets out the requirements for proper multiple dependent claims. Applicants should ensure their claims comply with these rules to avoid delays or complications in the international phase of the PCT application process.
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