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…
Read MoreHow does the size of a genus affect the requirements for overcoming a rejection?
The size of a genus can significantly affect the requirements for overcoming a rejection. For smaller genera, showing possession of fewer species may be sufficient, while larger genera may require more extensive evidence. As explained in MPEP 715.03: “In the case of a small genus such as the halogens, which consists of four species, a…
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