How does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?
The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences:
- For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64.
- For applications filed before September 16, 2012: The declaration must comply with pre-AIA 37 CFR 1.63.
In both cases, the additional requirements specific to plant patents (asexual reproduction and, if applicable, discovery in a cultivated area) still apply.
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