CAN UTILITY DOCTRINE RESURRECT THE GENUS CLAIM?

The article explores the current state of U.S. patent law regarding genus claims and proposes alternative approaches to address the issue of overbroad claims. The authors argue that a genus claim should be valid if some species within it can work without undue effort, while a commenter suggests adopting a utility-based approach similar to Canadian and European law. The text discusses the concept of improper generalization in patent law and compares the approaches to claim scope in different jurisdictions. It also introduces the concept of plausibility doctrine and its application in European and Canadian patent law. The utility-based approach is seen as a potential solution to control claim scope and address overbreadth. [Extracted from the article]