How does the size of a genus affect the requirements for overcoming a rejection?
The size of a genus can significantly affect the requirements for overcoming a rejection. For smaller genera, showing possession of fewer species may be sufficient, while larger genera may require more extensive evidence. As explained in MPEP 715.03:
“In the case of a small genus such as the halogens, which consists of four species, a reduction to practice of three, or perhaps even two, species might show possession of the generic invention, while in the case of a genus comprising hundreds of species, reduction to practice of a considerably larger number of species would be necessary.”
This guidance highlights the importance of considering the size and complexity of the genus when preparing evidence to overcome a rejection.
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