A Markush structure, Markush group, or a Markush claim is a representation of alternatively useable members. Markush structures are frequently used with chemical structures to indicate a group of related chemical compounds. They are commonly used in chemistry texts and in patent claims. Markush structures are depicted with multiple independently variable groups, such as R groups in which a side chain can have varying structure.[1] This more general depiction of the molecule, versus detailing every atom in the molecule, is used to protect intellectual property. The company which applies for a patent makes a general claim for the usage of the molecule without revealing to their competitors the exact molecule for which they are declaring a useful application.[citation needed]
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) |
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
External links
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