How Do I Write Written Descriptions for Broad Claims?

A written description determination for genus claims (broad claims which cover more specific claims) includes first analyzing whether the inventor was in possession of each single embodiment or species claim, then whether the inventor also possessed the encompassing genus claim. Written description for a claimed genus may be satisfied by describing a representative number of species. The following factors dictate what would make a description sufficient:

  • the inverse function, or the amount, of skill and knowledge in the field.
  • whether someone skilled in the art would recognize necessary common attributes or features possessed by the members of the genus.

In an unpredictable art, adequate written description of a genus which embraces widely variant species cannot be achieved by disclosing only one species within the genus.

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