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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