How does the doctrine of inherent disclosure affect written description requirements?
The doctrine of inherent disclosure can significantly impact the written description requirements for patent applications. As stated in MPEP 2163.07(a):
“Under the doctrine of inherent disclosure, when a specification describes an invention that has certain undisclosed yet inherent properties, that specification serves as adequate written description to support a subsequent patent application that explicitly recites the invention’s inherent properties.”
This means that even if certain properties or functions are not explicitly described in the original application, they may still be considered part of the written description if they are inherent to the invention. This can be particularly important when amending claims or filing continuation applications, as it allows applicants to rely on inherent properties to meet the written description requirement without introducing new matter.
To learn more: