April 03, 2012

Restriction of Markush Claims: Theory and Reality Webinar


Washington, D.C., associate Brian Lathrop co-presented an AIPLA Chemical Practice Committee webinar on Tuesday, April 3. Washington, D.C., associate William Childs organized and moderated the event.

The webinar, titled, “Restriction of Markush Claims: Theory and Reality,” was attended by more than 140 people, including clients and lawyers from across the United States.

 Brian co-presented the webinar with Robert D. Titus, Senior Director and Assistant General Patent Counsel at Eli Lilly. The presenters discussed the unique problem of the application of Restriction Requirements to Markush groups.

While Restriction Requirements are expressly prohibited within a Markush claim, the USPTO keeps issuing them.

Brian and Bob discussed the problem Markush Groups present during examination; the tension between restriction and election-of-species requirements; the new unity of invention rejection; practical problems with Markush claims in examination and prosecution; proposed alternative approaches; and strategic considerations.

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