What is the significance of the genus-species relationship in patent claims?

What is the significance of the genus-species relationship in patent claims?

The genus-species relationship is crucial in patent claims, particularly when considering changes to the scope of claims. According to MPEP 2163.05, “[t]he written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species.”

The MPEP provides guidance on this relationship:

• A claim to a genus may not be supported by the original disclosure if it only describes a single species.
• However, a single species can support a genus claim if the specification discloses “a representative number of species” or “structural features common to the members of the genus.”
• The disclosure must allow one skilled in the art to “visualize or recognize” the members of the genus.

For example, in Regents of the University of California v. Eli Lilly & Co., the court held that a generic claim to vertebrate or mammalian insulin cDNA was not supported by a disclosure of rat insulin cDNA. This case illustrates the importance of providing sufficient support for genus claims in the original disclosure.

To learn more:

• genus-species relationship
• written description
• claim scope
• patent claims