• A Markush claim typically has language such as “selected from the group consisting of.” The alternatives must all give the same result, rather than patentably distinct products. The name derives from Ex parte Markush, 1925 Dec. Comm’r Pat. 126. See MARKUSH DOCTRINE. [Cases: Patents 101(7).]
Markush claim
A patent claim that includes elements listing alternative chemicals, materials, or steps in a process.