What happens when a species anticipates a claim to a genus?

When a species anticipates a claim to a genus, it means that the species provides sufficient disclosure to enable a person skilled in the art to make and use the entire scope of the genus described. In patent law, anticipation is a key test for determining the validity of a claim. If a prior art reference discloses every element of a claim or encompasses the entire scope of that claim, then the claim is considered anticipated and thus invalid.

In this scenario, since the species captures the essence of what is being claimed in the genus, the earlier disclosure of the species nullifies the novelty requirement for the genus claim. As a result, if a species is indeed found to describe the same invention claimed in the genus, then the claim to that genus fails. Therefore, the claim is invalid because it does not meet the criteria of being new and non-obvious, given that the species already discloses the relevant information. This principle is fundamental in patent prosecution and examination, ensuring that only truly novel inventions receive patent protection.