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ARTICLE · 13 MAY 2020

Markush Claim

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Claims are considered to be the most important part of a patent document.

IndiaIntellectual Property

General Principles and Object of Claims:

Claims are considered to be the most important part of a patent document. In a complete specification the description is followed by the Statement of Claims. Since the claims constitute the legal part for claiming the protection of the patent rights, the construction of same plays a critical role as it is central to the evaluation of infringement and validity.

The "Markush" claim is a special drafting manner for claims in the field of Chemical and Biotech Inventions, which was first successfully used by the inventor Eugene Markush in a US patent in 1920, post which claims of this kind are named after his family name.

A Markush claim refers to a chemical structure by means of symbols indicating substituent groups. In such a claim, one or more parts of the claimed compound comprise multiple functionally equivalent chemical entities.

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