What is the relationship between a chemical composition and its properties 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. In patent law, a chemical composition and its properties are considered inseparable. This principle is outlined in MPEP 2112.01(II) : “Products of identical chemical composition can not have mutually exclusive properties.” In re Spada , 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). 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 means that if a prior art reference discloses a chemical composition identical to the one claimed, it is presumed to have the same properties, even if those properties are not explicitly mentioned in the prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Identical Chemical Products Cannot Have Mutually Exclusive Properties MPEP 2112.01 Permitted Properties Inherently Present If Chemical Structure Identical MPEP 2112.01 Result Must Be Necessarily Present In Prior Art To Establish Inherency MPEP 2112 Permitted Applicant Must Prove Prior Art Does Not Inherently Possess Claimed Features MPEP 2112 Permitted Claimed and Prior Art Products Must Be Identical MPEP 2112.01 Required Claim Anticipated by Prior Art MPEP 2112.01 Discovery of Inherent Properties Does Not Render Old Composition New MPEP 2112 Inherent and Implicit Prior Art Disclosures Used in Rejection MPEP 2112 Permitted Function and Property Claims Require 102/103 Rejection MPEP 2112 Recommended Claim Must Not Be Anticipated By Prior Art With Same Functional Characteristics MPEP 2112.01 Other Related FAQs 5 FAQs Collapse What is the significance of functional relationships betwee...