How can inherent antecedent basis be established in patent claims?
How can inherent antecedent basis be established in patent claims?
Inherent antecedent basis can be established in patent claims when the nature of a claimed element is such that it is understood to inherently possess certain components. The MPEP 2173.05(e) provides guidance on this:
“Inherent components of elements recited have antecedent basis in the recitation of the components themselves. For example, the limitation ‘the outer surface of said sphere’ would not require an antecedent recitation that the sphere has an outer surface.”
This means that when a claim refers to a part of an element that is inherently present, such as the outer surface of a sphere, no explicit introduction of that part is necessary. The inherent nature of the component provides sufficient basis for subsequent references.
To learn more: