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Simple English definitions for legal terms

inherency doctrine

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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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12:57
@atwatodbit: haha I feel like this cycle its not rlly all ab stats tho
atwatodbit
12:59
@sadpadresfan: for sure, but you're certainly as strong as me though. Hold on whether its later today or weeks from now. Plus you got da berk A, I am jealous
lilypadfrog
12:59
每个人都说“你的考试成绩这么好,你会得到很好的决定”,但我没有!
texaslawhopefully
12:59
oof I think I'm going to miss the penn wave
texaslawhopefully
12:59
are they still calling
Trismegistus
12:59
hey tex me too lmfao
choosingpeace
12:59
@texaslawhopefully: me too yayyy
lilypadfrog
12:59
we did it reddit
13:00
@atwatodbit: haha ty wishing you the best as well
cumsock
13:00
careful! i graduated from reddit university
13:00
@texaslawhopefully: another day another missed wave??
lilypadfrog
13:01
what if I started using redditisms
lilypadfrog
13:01
thank you kind stranger for the gold
Trismegistus
13:01
do all my hopes and dreams and sanity rest on chicago now
texaslawhopefully
13:01
@sadpadresfan: prolly. My only hope is my last name is towards the end of the alphabet
lilypadfrog
13:01
i hope u guys would put me down like a dog that bit a baby
Trismegistus
13:02
@texaslawhopefully: i saw 3/4 down alphabet then 30- mins later 1/2 down alphabet
texaslawhopefully
13:02
so they're still calling?
Trismegistus
13:03
that i dont know
KeenHeartbreakingRattlesnake
13:03
the Penn e wave is about to cook me
atwatodbit
13:03
@sadpadresfan: did you get your Cornell scholly with your A at the same time? I think they gave me nothing...
lilypadfrog
13:04
tex also got cornell scholly ask him
texaslawhopefully
13:04
there's a form you fill out
texaslawhopefully
13:04
and they'll get back to you within a few days
13:04
@atwatodbit: they emailed me a day after submitting the form
atwatodbit
13:05
ah ok, i've seen that, just need to get parental info then. just making sure
13:05
Feeling fortunate and its my top choice as of now haha
lilypadfrog
13:06
what if you fill this out and you haven’t been admitted? just a next level move? they probably have to let you in then
PerpetualCheerfulBeaver
13:06
I applied to all my places in late september and am still waiting to hear back. ive missed all three types of waves (WL,R,A) am i screwed??
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