What is the “anticipation by inherency” doctrine in patent law?
The “anticipation by inherency” doctrine in patent law refers to situations where a prior art reference does not explicitly disclose a claimed feature, but that feature is inherently present in the prior art. This concept is particularly relevant when dealing with ranges in patent claims. According to MPEP 2112: “The inherent teaching of a prior…
Read MoreHow does the “anticipation by inherency” principle apply in genus-species situations?
How does the “anticipation by inherency” principle apply in genus-species situations? The principle of “anticipation by inherency” can play a significant role in genus-species situations, particularly when dealing with prior art disclosures. According to MPEP 2131.02, a genus may be inherently disclosed by a species when the species necessarily possesses the characteristics of the genus.…
Read More