What is the difference between inherent and implied antecedent basis in patent claims?
In patent claims, there are two types of acceptable antecedent basis that don’t require explicit introduction: inherent and implied antecedent basis. Inherent antecedent basis occurs when the claim element is necessarily present in the claimed subject matter. For example, “the outer surface” of a sphere doesn’t need explicit introduction because a sphere inherently has an…
Read MoreHow can inherent antecedent basis be established in patent claims?
How can inherent antecedent basis be established in patent claims? Inherent antecedent basis can be established in patent claims when the nature of a claimed element is such that it is understood to inherently possess certain components. The MPEP 2173.05(e) provides guidance on this: “Inherent components of elements recited have antecedent basis in the recitation…
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