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Simple English definitions for legal terms
inherent anticipation
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A quick definition of inherent anticipation:
Inherent anticipation refers to when an invention is not considered new or novel because there are already similar products or processes that have the same characteristics. This is different from obviousness because it is based on facts, not just possibilities. The inherency doctrine is a rule that allows for anticipation to be inferred even if a prior-art reference is missing an element that is necessarily present or a natural result of the product or process. This prevents existing inventions from being patented by simply claiming an inherent element, but also allows for the later patentability of substances that were inadvertently created but not recognized or appreciated.
A more thorough explanation:
Definition: Inherent anticipation is a term used in patents to describe the lack of novelty in an invention due to the existence of prior-art products or processes that possess the same characteristics. This lack of novelty arises from the fact that the missing element in a prior-art reference is either necessarily present in or a natural result of the product or process, and a person of ordinary skill in the art would know it. Inherency differs from obviousness in that a lack of novelty must be based on fact, not mere possibility or probability.
Example: Let's say that a company invents a new type of battery that is rechargeable and has a longer lifespan than any other battery on the market. However, if a prior-art reference already exists for a rechargeable battery with a similar lifespan, then the company's invention lacks novelty and is not patentable due to inherent anticipation.
Another example could be a chemical compound that was inadvertently created but not recognized or appreciated. Even though the compound was not intentionally created, it can still be patented if it meets the requirements for patentability.
These examples illustrate how inherent anticipation can affect the patentability of an invention. It is important for inventors to conduct thorough research to ensure that their invention is novel and not already covered by prior-art references.