How do generic or genus claims differ from specific species claims?
Generic or genus claims differ from specific species claims in their scope and coverage of embodiments. The MPEP 806.04(e) explains: “Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).” In essence: Specific species claim: Covers only one particular embodiment of the invention. Generic…
Read MoreHow does the USPTO handle double patenting issues with genus and species claims?
The USPTO has specific guidelines for handling double patenting issues related to genus and species claims. According to MPEP 806.04(i): “If a generic claim is presented in a separate application after the issuance of a patent claiming one or more species within the scope of the generic claim, the Office may reject the generic claim…
Read MoreHow does the USPTO evaluate unexpected results for a genus claim?
The USPTO evaluates unexpected results for a genus claim by considering whether the evidence presented is representative of the entire claimed genus. The MPEP 716.02(d) provides guidance: The nonobviousness of a broader claimed range can be supported by evidence based on unexpected results from testing a narrower range if one of ordinary skill in the…
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