How does the MPEP address chemical composition claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. The MPEP further explains: “A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.” This guidance is important for patent examiners and applicants when considering the patentability of chemical compositions, especially in cases where the claimed composition is identical to a prior art composition but purports to have different properties. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Identical Chemical Products Cannot Have Mutually Exclusive Properties MPEP 2112.01 Permitted Properties Inherently Present If Chemical Structure Identical MPEP 2112.01 Result Must Be Necessarily Present In Prior Art To Establish Inherency MPEP 2112 Permitted Applicant Must Prove Prior Art Does Not Inherently Possess Claimed Features MPEP 2112 Permitted Claimed and Prior Art Products Must Be Identical MPEP 2112.01 Required Prior Art Structure Inherently Performs Claimed Function MPEP 2112 Discovery of Inherent Properties Does Not Render Old Composition New MPEP 2112 Function and Property Claims Require 102/103 Rejection MPEP 2112 Recommended Claim Anticipated by Prior Art MPEP 2112.01 Claim Must Not Be Anticipated By Prior Art With Same Functional Characteristics MPEP 2112.01 Other Related FAQs 5 FAQs Collapse...