Can newly added inherent characteristics satisfy the written description requirement?

Can newly added inherent characteristics satisfy the written description requirement?

Yes, newly added inherent characteristics can satisfy the written description requirement under certain conditions. According to MPEP 2163.07(a):

“By disclosing in a patent application a device that inherently performs a function or has a property, operates according to a theory or has an advantage, a patent application necessarily discloses that function, theory or advantage, even though it says nothing explicit concerning it.”

However, it’s important to note that:

• The inherent characteristic must be necessarily present in the original disclosure.
• It should be recognized by persons of ordinary skill in the art.
• The mere fact that a certain result or characteristic may occur or be present is not sufficient to establish inherency.

Examiners should carefully evaluate any assertion of inherency to ensure it meets these criteria before accepting it as satisfying the written description requirement.

To learn more:

• inherent characteristics
• written description
• patent application
• MPEP 2163.07(a)