Can you provide an example of implicit disclosure in patent law?
Yes, the MPEP 2144.01 provides a clear example of implicit disclosure in the case of In re Lamberti. The MPEP states:
“Reference disclosure of a compound where the R-S-R’ portion has ‘at least one methylene group attached to the sulfur atom’ implies that the other R group attached to the sulfur atom can be other than methylene and therefore suggests asymmetric dialkyl moieties.”
In this case, although the reference didn’t explicitly state that the other R group could be different from methylene, it was reasonably inferred from the phrase “at least one methylene group.” This implication was considered as an implicit disclosure of asymmetric dialkyl moieties.
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Topics:
MPEP 2100 - Patentability,
MPEP 2144.01 - Implicit Disclosure,
Patent Law,
Patent Procedure