MPEP 2117: Markush Claims

What MPEP 2117 covers

Markush claims are common in chemistry and biotechnology, where a single claim covers many alternative substituents.

• Markush groups use closed "consisting of" language for the list of alternatives.
• A Markush grouping is proper if the members share a single structural similarity and a common use.
• An improper Markush grouping is rejected as indefinite or for improper grouping, not on prior art grounds.
• Election of species for Markush claims is covered at MPEP 803.02.

How examiners use it

Examiners may require election of a species from a large Markush group (803.02) and then expand the search if the elected species is allowable.

On the patent bar

Know the "selected from the group consisting of" form and the test for a proper grouping.

Read the full text

Official title: Markush Claims [R-01.2024].

Read MPEP 2117 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2117.

Sources for this entry

1. USPTO — MPEP § 2117 USPTO
   Official text of this section, Ninth Edition, Revision 01.2024.
2. Wysebridge MPEP Center Wysebridge (publisher of this site)
   The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 803: Restriction RequirementsMPEP 2173: Indefiniteness Under 35 U.S.C. 112(b)