When does naming a species in prior art anticipate a claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Naming a species in prior art can anticipate a claim when the species is clearly and specifically named, regardless of how many other species are also mentioned. The MPEP states: “A reference that clearly names the claimed species anticipates the claim no matter how many other species are named.” ( MPEP 2131.02 ) This means that even if a prior art reference lists numerous compounds or species, if it specifically names the compound you’re claiming, your claim may be anticipated. The comprehensiveness of the listing doesn’t negate the fact that your specific compound was taught. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Art Species Anticipates Genus Claim MPEP 2131.02 Claim Must Be Anticipated Over Prior Art MPEP 2131 Species Claim Is Anticipated Regardless of Genus Listing MPEP 2131.02 Generic Claims Not Allowed If Prior Art Discloses Species MPEP 2131.02 Prohibited Species Claim Anticipated Regardless of Genus Listing MPEP 2131.02 Invention Must Not Be Anticipated by Prior Art MPEP 2131 Permitted Species Claim Anticipated by Named Species in Genus MPEP 2131.02 Anticipation Not Established by Genus Claimed Species MPEP 2131.02 Species Within Genus Anticipates Claim MPEP 2131.02 Claim Must Be Anticipated Broadly MPEP 2131 Required Other Related FAQs 5 FAQs Collapse How does the &#8220;anticipation by inherency&#8221; principle apply in genus-species situations? How does the MPEP address the anticipation of Markush claims? What is the &#8220;at once envisaged&#8221; standard in patent anticipation? How does the size of a genus affect anticipation in patent law? What is the significance of the Perricone v. Medicis Pharm. Corp. case in genus-species anti...