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.

To learn more:

• written description
• genus claims
• species
• representative number
• variation within genus