How does the USPTO handle genus claims when species are disclosed in the prior art?
The United States Patent and Trademark Office (USPTO) has specific guidelines for handling genus claims when species are disclosed in the prior art. According to MPEP 2131.02, the treatment of such claims depends on the relationship between the disclosed species and the claimed genus. The MPEP states: “A genus does not always anticipate a claim…
Read MoreHow do species and genus disclosures affect the application of 35 U.S.C. 102(b)(2)(B) exceptions?
The relationship between species and genus disclosures can significantly affect the application of 35 U.S.C. 102(b)(2)(B) exceptions. The MPEP provides guidance on different scenarios: Inventor discloses species, intervening disclosure is genus: “If the inventor or a joint inventor had publicly disclosed a species, and a subsequent intervening U.S. patent, U.S. patent application publication, or WIPO…
Read MoreHow does 37 CFR 1.130(b) apply to species and genus disclosures?
The application of 37 CFR 1.130(b) to species and genus disclosures depends on the relationship between the inventor’s prior disclosure and the intervening disclosure. The MPEP provides guidance on different scenarios: Genus disclosure after species disclosure: If the inventor or a joint inventor had publicly disclosed a species, and a subsequent intervening U.S. patent, U.S.…
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