What is 37 CFR 1.166 and how does it relate to plant patent specimens?
37 CFR 1.166 is a regulation that governs the submission of specimens for plant patent applications. MPEP 1607 references this regulation and provides a summary of its content:
“The applicant may be required to furnish specimens of the plant, or its flower or fruit, in a quantity and at a time in its stage of growth as may be designated, for study and inspection.“
This regulation gives the USPTO the authority to request plant specimens during the examination process. It also sets the framework for how these specimens should be provided, including:
- The type of specimens (plant, flower, or fruit)
- The quantity of specimens
- The stage of growth at which specimens should be provided
- The purpose of the specimens (for study and inspection)
Applicants must comply with requests made under 37 CFR 1.166 to ensure proper examination of their plant patent applications.
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