What is inherency in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Inherency in patent law refers to characteristics or properties that are necessarily present in a prior art reference, even if they were not explicitly recognized or disclosed. As stated in the MPEP, “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” ( MPEP 2112 ) This concept is important in both anticipation (35 U.S.C. 102) and obviousness (35 U.S.C. 103) rejections. Inherent features can be relied upon in these rejections, even if they were not explicitly disclosed in the prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Result Must Be Necessarily Present In Prior Art To Establish Inherency MPEP 2112 Permitted Burden of Proving Inherency in Rejections MPEP 2112 Discovery of Inherent Properties Does Not Render Old Composition New MPEP 2112 Inherent Teaching of Prior Art MPEP 2112 Relevant Time for Pre-AIA 35 U.S.C. 102 MPEP 2112 Burden of Proving Inherency Must Be Met MPEP 2112 Required Burden of Proof for Product-by-Process Claims MPEP 2112 Inherent and Implicit Prior Art Disclosures Used in Rejection MPEP 2112 Permitted Identification of Prior Art Material Does Not Make It Novel MPEP 2112 Concurrent Rejections for Anticipation and Obviousness Allowed MPEP 2112 Other Related FAQs 5 FAQs Collapse What is the burden of proof for inherency in patent rejections? Can inherency be used in both anticipation and obviousness rejections? How does inherency apply to genus-species relationships in prior art? What is the relationship between inherency and obviousness in patent rejections? How does ...