How can a genus claim satisfy the written description requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patentee Must Describe Representative Number of Species MPEP 2163 Prohibited Written Description Requirement for Genus Claims MPEP 2163.05 Permitted Patent Must Describe Full Variety of Genus MPEP 2163 Written Description Requirement Ensures Claims Match Specification MPEP 2163 Written Description Requirement for Genus Species MPEP 2163 Each Case Must Be Decided on Its Own Facts MPEP 2163.05 Required Requirement for Adequate Written Description of Genus MPEP 2163 Required Requirement for Sufficient Description of Invention MPEP 2163 Requirement for Sufficient Written Description of Invention MPEP 2163 Written Description Requirement for Genus Diversity MPEP 2163 Required Other Related FAQs 5 FAQs Collapse How does adding a specific limitation to a claim affect its scope? How does changin...