How does the ‘two-way test’ apply to genus-species inventions?

How does the ‘two-way test’ apply to genus-species inventions?

The ‘two-way test’ is a critical concept in evaluating genus-species inventions for patentability. According to MPEP 715.02:

‘The disclosure of a species in a reference is not necessarily a constructive reduction to practice of the genus.’

This means that showing a specific example (species) in a prior art reference doesn’t automatically disqualify a broader claim (genus) from patentability. The two-way test involves:

1. Species to Genus: Does the species disclosure in the reference enable one skilled in the art to make the genus?
2. Genus to Species: Would the genus disclosure in the application enable one skilled in the art to make the species?

If both questions are answered affirmatively, the genus claim may be anticipated by the species disclosure. However, if either answer is negative, the genus claim may still be patentable over the species disclosure.

To learn more:

• two-way test
• genus-species inventions
• patentability
• constructive reduction to practice