By: Peter G. Dilworth
The doctrine of inherency, and its even more shy and retiring cousin, the accidental result exception, represent two of the most difficult substantive principles of U.S. patent law, not so much conceptually as to where, when and how they might apply. The reason for this may lie in their very nature: the circumstances in which inherency and accidental result might have a role to play do not always, and oftentimes only rarely, call attention to themselves. Inherent disclosure, and even more so, accidental result, prefer to dwell in the shadows and will only reveal themselves when made to do so, usually to the apprehension of patent applicants and patent owners who will then have to somehow deal with their potentially claim-destroying effects.
Copyright: Dilworth & Barrese, LLP 2016