How does the size of a genus affect anticipation in patent law?
The size of a genus can significantly affect anticipation in patent law. Generally, a smaller, more limited genus is more likely to anticipate a species within it than a large or undefined genus. The MPEP notes:
“[H]ow one of ordinary skill in the art would understand the relative size of a genus or species in a particular technology is of critical importance.” (MPEP 2131.02)
When a genus is very large or encompasses a vast number of compounds, it’s less likely to anticipate a specific species. However, if the genus is small and well-defined, with a limited number of possible variations, it’s more likely that a person skilled in the art could “at once envisage” all the species within it, potentially anticipating a claim to one of those species.
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