Legal Definitions - genus claim

The term genus claim refers to a type of claim in patent law, specifically a generic claim. It describes a broad category of inventions rather than a very specific one.

The Latin phrase genus nunquam perit translates to "the class never perishes." This legal principle applies to contracts involving goods that are generic or belong to a general class, rather than unique, specific items.

Under this principle, if a contract is for a certain quantity of goods of a particular type or class, the destruction or loss of some or all of the seller's *own* supply of those goods does not automatically excuse the seller from their contractual obligation. Because the goods are generic and can typically be replaced or acquired from other sources, the "class" of goods is considered to still exist, and the seller must still fulfill the contract.

Here are some examples illustrating this principle:

• Agricultural Commodities: Imagine a food distributor contracts with a large farm to purchase 500 tons of Grade A potatoes from the upcoming harvest. Before delivery, a severe blight affects a portion of the farm's potato crop, destroying 200 tons. According to genus nunquam perit, the farm is still obligated to deliver 500 tons of Grade A potatoes. Since potatoes of that grade are a generic commodity, the farm would be expected to source the remaining 200 tons from other farms or suppliers to meet its contractual commitment, because the "class" of Grade A potatoes has not ceased to exist.

• Manufactured Goods: A construction company orders 10,000 standard 2x4 lumber pieces from a timber supplier. A fire at the supplier's main lumberyard destroys 4,000 pieces of their current stock. Despite this loss, the supplier is still bound by the contract to deliver all 10,000 pieces. Standard 2x4 lumber is a generic product, meaning the supplier must either produce more or purchase the shortfall from another mill to fulfill the order. The "class" of standard 2x4 lumber remains available in the market.

• Financial Instruments: A brokerage firm agrees to sell 1,000 shares of a publicly traded company, "Tech Innovations Inc.," to an investor. Before the transaction is completed, a technical error temporarily prevents the brokerage from accessing 300 of its *own* shares of Tech Innovations Inc. stock. The principle of genus nunquam perit dictates that the brokerage firm is still obligated to deliver all 1,000 shares. Shares of a publicly traded company are generic; the brokerage can acquire the necessary shares from the open market to fulfill its promise, as the "class" of Tech Innovations Inc. shares continues to exist.