What is the test for determining if an inventor possessed a generic invention?
The test for determining if an inventor possessed a generic invention focuses on whether the completed species provide an adequate basis for inferring generic applicability. According to MPEP 715.03:
“The test is whether the species completed by the inventor prior to the reference date or the date of the activity provided an adequate basis for inferring that the invention has generic applicability.”
Furthermore, “It is not necessary for the affidavit evidence to show that the inventor viewed the invention as encompassing more than the species actually made. The test is whether the facts set out in the affidavit are such as would persuade one skilled in the art that the inventor possessed so much of the invention as is shown in the reference.”
This test emphasizes the perspective of a person skilled in the art and focuses on the information conveyed by the completed species rather than the inventor’s subjective intent.
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