How does the enablement requirement differ for plant patents?
The enablement requirement for plant patents is less stringent compared to utility patents. This is reflected in 35 U.S.C. 162, which states:
“No plant patent shall be declared invalid for noncompliance with section 112 if the description is as complete as is reasonably possible.”
This means that while a plant patent specification should be as complete as possible, it’s recognized that describing a plant with the same level of detail as a machine or process may not be feasible. The key points to understand are:
- The description should be as complete as reasonably possible
- It should enable someone skilled in the art to identify and reproduce the plant
- Minor deficiencies in the description may be acceptable if the overall disclosure is sufficient
Additionally, MPEP 1605 notes that if the written description is deficient, clarifications or additional descriptions can be submitted in response to an Office action without constituting new matter under 35 U.S.C. 132.
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