How does inherency relate to the written description requirement?
How does inherency relate to the written description requirement?
Inherency plays a crucial role in meeting the written description requirement for patent applications. According to MPEP 2163.07(a), inherent characteristics can satisfy the written description requirement even if they are not explicitly stated in the original disclosure. The manual states:
“The specification need not disclose what is well-known in the art, but preferably omits that which is well-known to those skilled and already available to the public.”
This means that inherent properties or functions of an invention, even if not explicitly described, can be considered part of the written description if they would be recognized by a person skilled in the art as necessarily present in the invention as disclosed. However, it’s important to note that:
- The inherent characteristic must be necessarily present, not just probably or possibly present.
- The fact that a certain result or characteristic may occur or be present is not sufficient to establish inherency.
- Extrinsic evidence can be used to support inherency, but it must make clear that the missing descriptive matter is necessarily present in the thing described in the reference.
By understanding and properly applying the concept of inherency, inventors and patent practitioners can ensure that their patent applications meet the written description requirement without unnecessarily disclosing well-known information.
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