How can a genus claim satisfy the written description requirement?

A genus claim can satisfy the written description requirement through sufficient description of a representative number of species. The MPEP 2163.05 provides guidance:

“A ‘representative number of species’ means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”

However, in some cases, a single species may adequately support a genus if:

  • The art can predict the operability of other species
  • The single species is representative of the entire genus
  • The invention involves known compounds used in a manner auxiliary to the invention

Each case must be evaluated based on its specific facts and what is reasonably communicated to those skilled in the art.

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Topics: MPEP 2100 - Patentability, MPEP 2163.05 - Changes To The Scope Of Claims, Patent Law, Patent Procedure
Tags: Genus Claims, Representative Number, Variation Within Genus, Written Description