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DOC/PTO | RIN: 0651-AC00 | Publication ID: Spring 2009 |
Title: Examination of Patent Applications That Include Claims Containing Alternative Language | |
Abstract: The U.S. Patent and Trademark Office (Office) is considering revising the rules of practice to address Markush-type and other claims written so as to claim an invention in the alternative. The search and examination of Markush-type and other claims written in the alternative generally consume a disproportionate amount of Office resources as compared to other types of claims, because these claims can encompass multiple independent and distinct inventions and determining the patentability of such a claim may require a separate examination of each of the alternatives within the claim. The Office anticipates that requiring applicants who choose this claim-drafting format to ensure a certain degree of relatedness among the members of a Markush group or the alternatives presented in the claims will allow the Office to do a better, more thorough and reliable examination of Markush-type and other claims written in the alternative. | |
Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 1 | |
Legal Authority: 35 USC 2(b)(2) |
Legal Deadline:
None |
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Timetable:
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Additional Information: Regulatory Flexibility Analysis Required: Undetermined | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Robert W. Bahr Senior Patent Attorney Department of Commerce Patent and Trademark Office Mail Stop Comments-Patents, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313 Phone:571 272-8800 Email: robert.bahr@uspto.gov |