What is the general rule for antedating references for generic claims?

The general rule for antedating references for generic claims is that showing completion of a single species within the genus is usually sufficient. According to MPEP 715.02:

A reference or activity applied against generic claims may (in most cases) be antedated as to such claims by an affidavit or declaration under 37 CFR 1.131(a) showing completion of the invention of only a single species, within the genus, prior to the effective date of the reference or activity (assuming, of course, that the reference or activity is not a statutory bar or a patent, or an application publication, claiming the same invention).

This means that inventors typically don’t need to show completion of every possible species within a genus claim to antedate a reference. However, it’s important to note that this rule may not apply in unpredictable arts, and practitioners should consult MPEP 715.03 for guidance in such cases.

To learn more:

• generic claims
• species
• antedating references
• 37 CFR 1.131(a)

To learn more:

• 37 CFR 1.131(a)