What is the significance of the species-genus relationship in prior public disclosures?
The species-genus relationship is significant in prior public disclosures because a prior disclosure of a species by an inventor can be considered the same subject matter as a later disclosure of a genus that includes that species by a third party. This principle is illustrated in Example 2 of MPEP 2155.02, which states:
Note that Maria’s prior public disclosure of X is considered to be the same subject matter as Keiko’s later‐disclosed genus that includes X, in the same sense that a species can be said to anticipate a genus. In other words, the inventor is not penalized just because a third party sees the inventor’s disclosure and then re‐publicizes it in a more generalized fashion.
This means that if an inventor discloses a specific embodiment (species) of their invention, and a third party later discloses a broader concept (genus) that includes the inventor’s specific embodiment, the inventor’s earlier disclosure can still be used to except the third party’s disclosure as prior art, even though the third party’s disclosure is broader in scope.
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