What is the significance of “inherency” in patent claims?

What is the significance of “inherency” in patent claims?

The concept of “inherency” in patent claims is significant because it allows for the inclusion of certain characteristics or properties that are not explicitly stated in the original disclosure but are necessarily present in the invention. As stated in MPEP 2163.07(a):

“By disclosing in a patent application a device that inherently performs a function or has a property, operates according to a theory or has an advantage, a patent application necessarily discloses that function, theory or advantage, even though it says nothing explicit concerning it.”

This principle allows inventors to protect aspects of their invention that may not have been explicitly described but are inherent to the disclosed invention. However, it’s crucial to note that the inherent characteristic must be necessarily present, not just probably or possibly present, in the originally disclosed invention.

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Topics: MPEP 2100 - Patentability, MPEP 2163.07(A) - Inherent Function, Or Advantage, Patent Law, Patent Procedure, Theory
Tags: Implicit Disclosure, Inherency, patent claims, Written Description