How does the MPEP address chemical composition claims?
How does the MPEP address chemical composition claims? The MPEP addresses chemical composition claims in MPEP 2112.01, stating: “Products of identical chemical composition can not have mutually exclusive properties.” This principle is crucial for chemical composition claims. It means that if two products have the same chemical makeup, they must inherently possess the same properties.…
Read MoreHow does the MPEP address anticipation of ranges in chemical compositions?
The MPEP addresses anticipation of ranges in chemical compositions specifically in MPEP 2131.03. It states: “In the case of a chemical composition, a reference that clearly names the claimed species anticipates the claim no matter what other components are present in the composition.” This means that if a prior art reference discloses a chemical composition…
Read MoreWhat types of testing are allowed as experimental use for inventions with no known utility?
For inventions with no known utility, certain types of testing are allowed as experimental use. The MPEP 2133.03(e)(6) provides guidance on this: “[W]here an invention relates to a chemical composition with no known utility, i.e., a patent application for the composition could not be filed (35 U.S.C. 101; 35 U.S.C. 112(a) or pre-AIA 35 U.S.C.…
Read MoreWhat is the relationship between a chemical composition and its properties in patent law?
In patent law, a chemical composition and its properties are considered inseparable. This principle is outlined in MPEP 2112.01(II): “Products of identical chemical composition can not have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The MPEP further explains: “A chemical composition and its properties are…
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