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Simple English definitions for legal terms

inherency doctrine

Read a random definition: atterminare

A quick definition of inherency doctrine:

The inherency doctrine is a rule in patents that says if a missing element in a prior-art reference is either necessarily present in or a natural result of the product or process, then it can still be considered anticipated. This means that if a person of ordinary skill in the art would know that the missing element is there, then it can't be patented as a new invention. However, if a substance, like a chemical compound, was accidentally created but not recognized or appreciated, it can still be patented later. Inherency is different from obviousness because it must be based on fact, not just a possibility or probability.

A more thorough explanation:

The inherency doctrine is a rule in patent law that allows for the anticipation of an invention even if a prior-art reference is missing an element, as long as that missing element is necessarily present or a natural result of the product or process. This means that if a person of ordinary skill in the art would know that the missing element is present or would result from the product or process, then the invention is not considered novel and cannot be patented.

Let's say that a company invents a new type of adhesive that is incredibly strong and durable. However, a prior-art reference exists for a similar adhesive that does not mention the specific chemical composition of the adhesive. The inherency doctrine would allow for the anticipation of the new adhesive if the missing chemical composition is necessarily present or a natural result of the adhesive, and a person of ordinary skill in the art would know this. In this case, if the chemical composition is indeed necessarily present or a natural result of the adhesive, then the new adhesive would not be considered novel and could not be patented.

Another example of the inherency doctrine is the inadvertent creation of a chemical compound that was not recognized or appreciated at the time of creation. If the compound is later discovered and found to be useful, it may be patentable even though it was not intentionally created.

Overall, the inherency doctrine is an important concept in patent law that helps to ensure that only truly novel inventions are granted patents.

inhere | inherent anticipation

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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