PTO "genus-species" chemical patent guidelines cite "motivation" as factor in determining obviousness.
Executive Summary
PTO "GENUS-SPECIES" CHEMICAL PATENT GUIDELINES HIGHLIGHT "MOTIVATION" as a factor in determining whether a particular "species" of chemical selected from a previously patented class or "genus" should itself be eligible for a patent. A patent examiner should "determine whether one of ordinary skill in the art would have been motivated to select the claimed species or subgenus," the interim guidelines state. To deny an application on these grounds, the guidelines state, "some motivation to select the claimed species or subgenus must be taught by the prior art."
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