Chemistry:Markush structure
History
Markush structures are named after Eugene A. Markush, founder of the Pharma Chemical Corporation in New Jersey. He was involved in a legal case that set a precedent for generic chemical structure patent filing, Ex parte Markush, 1925 Dec. Comm'r Pat. 126, 127 (1924).[1][2] The patent filing was US Application 611,637, filed January 9, 1923. Markush was awarded a patent from the US Patent Office for “Pyrazolone Dye and Process of Making the Same” on August 26, 1924.[3]
Use in patents
 | The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. (July 2018) (Learn how and when to remove this template message) |
In describing a chemical, a Markush structure allows the patent-holder to list several active/effective structural formulas.
United States
In the United States, Markush structures are frequently used to claim alternative components. The correct format for a Markush structure is "closed."[4] In other words, the claim language defined by the Markush structure requires selection from a closed group.[5] One way of claiming a Markush structure follows the format: “a chemical selected from the group consisting of A, B, and C” where A, B, and C are alternative chemicals.[6]
A claimed Markush structure may be improper if (1) the members of the Markush structure do not share a "single structural similarity," or (2) if the members of the Markush structure do not share a common use.[7]
See also
References
- ↑ Barnard, John M. (28 Oct 2009). "Markush Structure Searching". http://www.rsc.org/images/J_BarnardOct09_tcm18-167682.pdf. Retrieved 15 Jan 2014.
- ↑ "M.P.E.P. § 2117 - Markush Claims". https://www.uspto.gov/web/offices/pac/mpep/s2117.html.
- ↑ "Pyrazolone dye and process of making the same" US patent 1506316
- ↑ "M.P.E.P. § 2117 - Markush Claims". https://www.uspto.gov/web/offices/pac/mpep/s2117.html.
- ↑ "M.P.E.P. § 2117 - Markush Claims". https://www.uspto.gov/web/offices/pac/mpep/s2117.html.
- ↑ "M.P.E.P. § 2117 - Markush Claims". https://www.uspto.gov/web/offices/pac/mpep/s2117.html.
- ↑ "M.P.E.P. § 2117 - Markush Claims". https://www.uspto.gov/web/offices/pac/mpep/s2117.html.
External links
 |  |
