Sui generis is a legal term used to describe unique situations that fall outside normal legal guidelines. It is used in zoning and patent law, and courts must carefully consider such cases as they cannot rely on similar cases. Originality is important in patent law, and failure to prove it may result in a denial of protection.
The Latin phrase sui generis, translated as “of its kind”, is used in law to describe special legal situations. When something is considered sui generis, it falls outside the normal legal guidelines and must be considered on an unambiguous basis. Courts considering a variety of legal issues may weigh this consideration and it is also involved in patent law where the unique nature of applications is an important factor in approval.
When something is sui generis, it defies categorization. In a common example, sometimes a city will zone certain areas of land with this designation. This land is not zoned with a specific term such as residential, light industry or commercial. It is considered unique and any use of the land must be approved by a planning commission, determining whether the use is appropriate for the setting and character of the land.
As a legal classification, this term can be used to set something apart into a distinctive class. In the courts, sui generis cases must be carefully considered. The judge wants to confirm the uniqueness of the case to avoid creating confusion and must also be able to weigh the issue without being able to count on similar cases, because there are none. Some courts may be reluctant to hear such cases out of concern for setting a dangerous precedent.
Seeing this term is a flag that something is considered part of a special class, which means it will be hard to find a basis for comparison. Things in similar classes can be identified, but they won’t be the same. The term usually means that something needs to be carefully reviewed, whether we are talking about a sui generis zonal classification or an evaluation of a case presented to a court.
In the world of patents, protection is offered to new inventions and ideas based on their originality. Failure to prove that something is original and involves a new idea not previously known to members of the public may result in a denial of protections on the grounds that the application lacks sui generis. It cannot stand on its own as a unique invention or development, because something else is similar or the information is generally available to the public and therefore cannot be considered new or revolutionary. People cannot, for example, patent trousers, because the basic concept and design are well known, but they can patent a unique fabric or sewing technique.
Protect your devices with Threat Protection by NordVPN
