How does the “species anticipates genus” principle apply in patent law?
The “species anticipates genus” principle is a fundamental concept in patent law, particularly in anticipation analysis. According to MPEP 2131.02, “A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.” This means that if a prior art reference discloses a specific example (species) that falls within a broader category (genus) claimed in a patent application, the broader claim is considered anticipated and thus not patentable.
The MPEP further clarifies:
“The species will anticipate the genus when the species teaches every element of the generic claim. See, e.g., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)”
This principle is crucial for patent examiners and applicants to understand when evaluating the novelty of claims in light of prior art disclosures.
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