What is the “species-anticipates-genus” rule in patent examination?
What is the “species-anticipates-genus” rule in patent examination?
The “species-anticipates-genus” rule is a fundamental principle in patent examination, particularly relevant when dealing with prior art disclosures. This rule is outlined in MPEP 2131.02 and states that a species will anticipate a claim to a genus.
The MPEP explicitly states:
“A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.” This means that if a prior art reference discloses a specific example (species) that falls within the scope of a broader claimed category (genus), the prior art anticipates the genus claim.
For instance, if an applicant claims a genus of “metallic fasteners” and the prior art discloses a specific type of metallic fastener, such as a steel bolt, the prior art would anticipate the genus claim.
It’s important to note that this rule applies even if the prior art does not explicitly describe the entire genus. The species must simply fall within the scope of the claimed genus to anticipate it. This principle helps prevent applicants from obtaining overly broad patent protection when more specific examples already exist in the prior art.
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