What is the difference between explicit and implicit disclosure in patent law?

In patent law, there’s an important distinction between explicit and implicit disclosure:

• Explicit disclosure refers to information directly stated or clearly expressed in a reference. It’s the straightforward, unambiguous content of the prior art.
• Implicit disclosure refers to information that, while not explicitly stated, can be reasonably inferred from the reference by a person skilled in the art.

According to MPEP 2144.01, when examining prior art, it’s proper to consider “not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” This means that both explicit statements and reasonable implications are considered during patent examination.

For example, in the In re Preda case, a reference explicitly teaching a process at 700°C was found to implicitly disclose higher temperatures up to 830°C because it recognized the possibility of using temperatures above 750°C for similar processes.

To learn more:

• Explicit Disclosure
• Implicit Disclosure
• Prior Art Analysis
• Patent Examination