How are plant patent application publications classified?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Plant patent application publications are classified using a primary classification and may also receive secondary classifications. The MPEP provides the following guidance:
“Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications.”
The primary classification is based on the application’s main inventive concept, using the claim as a guide. Secondary classifications are based on other inventive concepts or valuable disclosures.