What is implicit disclosure in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
Implicit disclosure in patent law refers to information that is not explicitly stated in a reference but can be reasonably inferred by a person skilled in the art. According to MPEP 2144.01, “[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” This means that when examining prior art, both explicit statements and reasonable inferences should be considered.
Topics:
MPEP 2100 - Patentability
MPEP 2144.01 - Implicit Disclosure
Patent Law
Patent Procedure