What is the practice for genus-species cases where predictability is in question?

In cases where predictability is in question, the practice for genus-species cases is more stringent. As stated in MPEP 715.03: “In cases where predictability is in question, on the other hand, a showing of prior completion of one or a few species within the disclosed genus is generally not sufficient to overcome the reference or activity.” This means that inventors may need to provide more comprehensive evidence to establish possession of the generic invention.

To learn more:

• genus-species
• predictability
• patent examination
• prior art