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Simple English definitions for legal terms
genus claim
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A quick definition of genus claim:
A genus claim is a type of patent claim that refers to a group or class of similar things rather than a specific item. It is like saying "all dogs" instead of "this specific dog." In legal history, the phrase "genus nunquam perit" was used to describe a situation where a seller was obligated to provide a certain quantity of goods from a specific class, and the destruction of some of those goods did not release the seller from their obligation.
A more thorough explanation:
A genus claim is a type of patent claim that falls under the category of generic claims. It refers to a claim that covers a broad range of variations or species within a particular class or category of invention.
For example, a genus claim for a pharmaceutical invention may cover a class of compounds that have a similar chemical structure and function, rather than a specific compound. This allows the patent holder to protect a range of potential variations of the invention, rather than just one specific embodiment.
The phrase "genus nunquam perit" is a Latin term that means "the class never perishes." It was historically used in reference to a quantity of goods that were contracted for within a certain class, rather than a specific item. This meant that the destruction of some of the goods within that class did not discharge the seller's obligation to provide the remaining goods.
Overall, a genus claim is a useful tool for patent holders to protect a broad range of potential variations of their invention, rather than just one specific embodiment.