How do examiners conduct prior art searches for plant patent applications?
Examiners conduct prior art searches for plant patent applications using various resources. The MPEP § 1608 outlines the process: The prior art considered by the examiner is developed by a search of appropriate subclasses of the United States patent classification system as well as patent and nonpatent literature data bases.
This comprehensive approach ensures that examiners consider a wide range of relevant prior art, including:
- Existing patents in related plant classifications
- Scientific literature on plant varieties
- Databases containing information on known plant species and cultivars
Additionally, examiners may consult with other government agencies for specialized knowledge: Where appropriate, a report may be obtained from the Agricultural Research Service, Horticultural Research Branch, Department of Agriculture.
To learn more: