What is the relationship between genus and species in patent claims?
In patent claims, the relationship between genus and species is hierarchical, with genus representing a broader category and species being more specific examples within that category. The MPEP 806.04 states:
“Where an application includes claims to different species, the claims may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim), or may be generic to a plurality of disclosed embodiments (i.e., a generic or genus claim).”
This relationship is crucial in patent law as it affects the scope of protection and the examination process. A genus claim provides broader coverage, while species claims offer more specific protection for particular embodiments of the invention.
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