How does inherent disclosure affect patent applications?
Inherent disclosure in patent applications allows for later amendments that explicitly state functions, theories, or advantages that were inherently present in the original disclosure. The MPEP Section 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. The application may later be amended to recite the function, theory or advantage without introducing prohibited new matter.”
This doctrine allows applicants to later claim inherent properties or functions of their invention without introducing new matter. However, it’s important to note that inherency must be necessarily present and recognized by those skilled in the art, not just a possibility or probability.
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