USPTO Designates Ex parte Chowdhury as Informative on Markush Groupings

USPTO Designates Ex parte Chowdhury as Informative on Markush Groupings

August 26, 2026

USPTO Designates Ex parte Chowdhury as Informative on Markush Groupings

USPTO DESIGNATES EX PARTE CHOWDHURY AS INFORMATIVE ON MARKUSH GROUPINGS

Based on a stakeholder nomination, yesterday the USPTO designated as informative Ex parte Chowdhury, Appeal 2025-002261 (PTAB Feb. 5, 2026), which reversed an examiner’s rejection of claims for reciting improper Markush groupings. PTAB held that a Markush grouping is proper if it recites members of a subgenus and the specification describes those members as performing similar functions in the context of the invention.

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