close

Blogs > Patent Law Blog

Examiner Interviews

Apr 03, 2018

When It Comes To Markush Groups, USPTO Has “Dams” Problem

Despite the fact that no court has ever found a Markush group improper, the USPTO continues to search for an analytical framework to realize such a finding. As we wound down our New Year’s celebrations, the USPTO “snuck”[1] into the ninth edition of the Manual of Patent Examining Procedure (“MPEP”), which was released in January, a new section 706.03(y), entitled “Improper Markush Grouping.”

The new section has some significant flaws, which are unlikely to decrease the discord between examiner and applicant. » Read More