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. 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.
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