What is an “enabling disclosure” in patent law?

An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states: “A reference contains an ‘enabling disclosure’ if the public was…

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What is the significance of “sufficient specificity” in anticipation of ranges?

“Sufficient specificity” is a crucial concept in determining whether a prior art reference anticipates a claimed range. According to MPEP 2131.03: “When the prior art discloses a range which touches or overlaps the claimed range, but no specific examples falling within the claimed range are disclosed, a case by case determination must be made as…

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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…

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How does the “species anticipates genus” principle apply in patent law?

The “species anticipates genus” principle is a fundamental concept in patent law, particularly in anticipation analysis. According to MPEP 2131.02, “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…

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