What is the relationship between a chemical composition and its properties in patent law?
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.
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