Warning
Info
Warning
Info
Simple English definitions for legal terms
Markush group
Read a random definition: declaration date
A quick definition of Markush group:
A Markush group is a type of claim used in patents that allows for a specific element to be substituted with other elements that have a similar function. All the elements in the group must share a common property that is responsible for their function in the claimed relationship. The Markush doctrine is an exception to the policy against using alternative language in claims, which allows for the use of subgeneric phrases when there is no commonly accepted generic expression. This doctrine is often used in claims involving chemical components and is characterized by a phrase such as "selected from the group consisting of." The term Markush comes from Dr. Eugene A. Markush, who was granted a dye-preparation patent in 1923.
A more thorough explanation:
A Markush group is a limited form of generic claim used in patents. It involves reciting an element, stating that the element is a member of a group, and naming the other group members, any of which could substitute for the first recited element. All Markush group members must have at least one common property that is mainly responsible for their function in the claimed relationship. Although each material in the group is different, each must be able to serve the same function.
A patent claim for a sunscreen lotion may use a Markush group to describe the UV-absorbing agents used in the lotion. The claim may state that the lotion contains a UV-absorbing agent selected from the group consisting of benzophenone-3, octinoxate, and avobenzone. Any of these agents could be used in the lotion, as long as they serve the same function of absorbing UV rays.
The Markush doctrine is an exception to the policy against the use of alternative language in patent claims. It is used in certain claims, especially those involving chemical components, when there is no applicable, commonly accepted generic expression. The claimant can use an alternative, subgeneric phrase that includes a group of substances any one of which could serve the same function in the process. The term Markush comes from Dr. Eugene A. Markush, who was granted a dye-preparation patent in 1923.
A patent claim for a pharmaceutical composition may use a Markush group to describe the active ingredients used in the composition. The claim may state that the composition comprises an active ingredient selected from the group consisting of compound A, compound B, and compound C. Any of these compounds could be used in the composition, as long as they serve the same function of treating the targeted disease.