What constitutes inherent characteristics in patent applications?
What constitutes inherent characteristics in patent applications?
Inherent characteristics in patent applications refer to properties or features that are necessarily present in the invention but may not be explicitly stated in the original disclosure. MPEP 608.04(a) provides guidance on this:
‘Inherent characteristics of materials and properties of processes are not considered to be new matter.’
This means that certain aspects of an invention that are inherently present, even if not explicitly described, are not considered new matter when later disclosed or claimed. Examples of inherent characteristics might include:
- Physical properties of materials
- Chemical reactions that naturally occur under specified conditions
- Known scientific principles underlying the invention
However, it’s important to note that claiming inherent characteristics requires careful consideration. The written description requirement must still be satisfied, and the inherency must be clearly and unambiguously supported by the original disclosure.
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