Probe Into The Scope Of Markush Claims

There are a large number of homologues in the field of Pharmaceutical and chemical industry.A group of compounds which have the same structural features and belong to the same industry can be classified as a class and represented by a chemical formula called "general formula".In the field of Pharmaceutical and chemical industry,patent applicants can use general formulas to summarize specific compounds that have similar structures with the same properties,while multiple optional elements are defined in one claim.Such claims are called Markush claims.This article studies the scope of Markush claims.First,introduce the concept and features of Markush claims from the background;Second,analyze the nature of Markush claims,introduce foreign opinions,discuss domestic different opinions,and summarize the viewpoints of this article.Third,clarify the scope of Markush claims by distinguishing the scope of protection from the recorded range.Fourth,start with the essence condition of granting patent rights,and summarize the examination standards for Markush claims;Fifth,analyze patent infringement determination of Markush claims in judicial trial.Finally,the recommendations of Markush claims for patent applications are given in the summary section.