Simple English definitions for legal terms
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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.
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.