What constitutes enabling prior art for plant patents?
Enabling prior art for plant patents requires that the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant. The MPEP 2121.03 states:
“When the claims are drawn to plants, the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant.”
This means that the prior art must provide sufficient information for a skilled plant breeder to grow and cultivate the claimed plant without undue experimentation.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2121.03 - Plant Genetics — What Constitutes Enabling Prior Art,
Patent Law,
Patent Procedure