What is implicit disclosure in patent law?
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.
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Topics:
MPEP 2100 - Patentability,
MPEP 2144.01 - Implicit Disclosure,
Patent Law,
Patent Procedure