What is the ‘species-genus’ concept in patent claims?
What is the ‘species-genus’ concept in patent claims?
The ‘species-genus’ concept in patent claims refers to the relationship between specific embodiments (species) and broader, more general concepts (genus) that encompass those embodiments. According to MPEP 715.02:
‘The showing of a species does not constitute a constructive reduction to practice of a genus unless the application discloses the generic invention.’
This means that showing a specific example (species) doesn’t automatically prove possession of the broader concept (genus) unless the application explicitly discloses the generic invention. Inventors must be careful to provide sufficient support for generic claims when relying on specific examples.
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