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 or genus claim: Encompasses multiple embodiments of the invention, providing broader protection.
Inventors and patent attorneys must carefully consider the balance between broad coverage and specific protection when drafting claims.
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