Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
"Written Description" Requirement (1)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
First Paragraph (1)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
MPEP 2100 – Patentability (2)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
When claiming a genus in a patent application, working examples play an important role in demonstrating enablement. The MPEP 2164.02 provides guidance on this issue:
“For a claimed genus, representative examples together with a statement applicable to the genus as a whole will ordinarily be sufficient if one skilled in the art (in view of level of skill, state of the art and the information in the specification) would expect the claimed genus could be used in that manner without undue experimentation.”
Key points about working examples and genus claims:
- Representative examples can support enablement for the entire genus
- The examples should be considered along with the level of skill in the art and the specification’s information
- Proof of enablement for other members of the genus may be required if the examiner provides adequate reasons
- The examiner must establish that a person skilled in the art could not use the genus as a whole without undue experimentation
It’s important to note that the number of examples needed depends on the predictability of the art and the breadth of the claims.
To learn more:
MPEP 2163 – Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre – Aia 35 U.S.C. 112 (1)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
MPEP 2164.02 – Working And Prophetic Examples (1)
When claiming a genus in a patent application, working examples play an important role in demonstrating enablement. The MPEP 2164.02 provides guidance on this issue:
“For a claimed genus, representative examples together with a statement applicable to the genus as a whole will ordinarily be sufficient if one skilled in the art (in view of level of skill, state of the art and the information in the specification) would expect the claimed genus could be used in that manner without undue experimentation.”
Key points about working examples and genus claims:
- Representative examples can support enablement for the entire genus
- The examples should be considered along with the level of skill in the art and the specification’s information
- Proof of enablement for other members of the genus may be required if the examiner provides adequate reasons
- The examiner must establish that a person skilled in the art could not use the genus as a whole without undue experimentation
It’s important to note that the number of examples needed depends on the predictability of the art and the breadth of the claims.
To learn more:
Patent Law (2)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
When claiming a genus in a patent application, working examples play an important role in demonstrating enablement. The MPEP 2164.02 provides guidance on this issue:
“For a claimed genus, representative examples together with a statement applicable to the genus as a whole will ordinarily be sufficient if one skilled in the art (in view of level of skill, state of the art and the information in the specification) would expect the claimed genus could be used in that manner without undue experimentation.”
Key points about working examples and genus claims:
- Representative examples can support enablement for the entire genus
- The examples should be considered along with the level of skill in the art and the specification’s information
- Proof of enablement for other members of the genus may be required if the examiner provides adequate reasons
- The examiner must establish that a person skilled in the art could not use the genus as a whole without undue experimentation
It’s important to note that the number of examples needed depends on the predictability of the art and the breadth of the claims.
To learn more:
Patent Procedure (2)
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“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.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
When claiming a genus in a patent application, working examples play an important role in demonstrating enablement. The MPEP 2164.02 provides guidance on this issue:
“For a claimed genus, representative examples together with a statement applicable to the genus as a whole will ordinarily be sufficient if one skilled in the art (in view of level of skill, state of the art and the information in the specification) would expect the claimed genus could be used in that manner without undue experimentation.”
Key points about working examples and genus claims:
- Representative examples can support enablement for the entire genus
- The examples should be considered along with the level of skill in the art and the specification’s information
- Proof of enablement for other members of the genus may be required if the examiner provides adequate reasons
- The examiner must establish that a person skilled in the art could not use the genus as a whole without undue experimentation
It’s important to note that the number of examples needed depends on the predictability of the art and the breadth of the claims.
To learn more: