What is the difference between inherent and explicit disclosure in patents?
The main difference between inherent and explicit disclosure in patents lies in how the information is presented in the patent application. MPEP 2163.07(a) explains:
“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.”
Explicit disclosure means the information is directly stated in the patent application. Inherent disclosure, on the other hand, refers to information that is not explicitly stated but is necessarily present or implied by the description of the invention. Both types of disclosure can support patent claims, but inherent disclosures may require additional evidence to establish their presence.
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