Q: In a patent about bacteria in a probiotic, can I claim use of any member of a genus or must the species be specified?

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James L. Arrasmith
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A: When filing a patent for bacteria in a probiotic, it's important to be precise in your claims. If you are claiming the use of bacteria, you generally need to specify the species, not just the genus. Patent law requires that your claim be both novel and non-obvious, and specifying a genus without identifying the species may not provide enough clarity or meet these criteria.

Including the specific species strengthens your claim by detailing exactly what is unique about the probiotic. Broad claims that cover an entire genus could be seen as too vague and may be challenged for lack of specificity.

However, if your invention applies to multiple species within a genus, you can mention them individually or in a way that clarifies the scope of your claim. Be sure to carefully describe the inventive step that applies to the bacteria you're using.

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