Is there any exception to statutory requirements for plant patents?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 Related FAQs 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. Yes, there is one exception to the statutory requirements for plant patents. According to MPEP § 1608 : The sole exception in terms of applicability of these statutory provisions is set forth in 35 U.S.C. 162. 35 U.S.C. 162 provides specific provisions for plant patents, including the description requirement for plant patent applications. This exception acknowledges the unique nature of plant inventions and provides some flexibility in how they are described in patent applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Examination Process for Plant Applications MPEP 1608 Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162 MPEP 1608 Plant Applications Follow Same Examination Process As National Applications MPEP 1608 Search of US Patent Classification System and Literature Databases Required MPEP 1608 Report from Agricultural Research Service Required When Appropriate MPEP 1608 Permitted Requirement for Useful Invention Under 35 U.S.C. 101 MPEP 2107.01 Required Requirement for Asserted Utility Description MPEP 2103 Recommended Requirement for Establishing Well-Established Utility Using Contemporaneous Art MPEP 2103 Permitted Requirement for Useful Invention MPEP 2104 Required Requirement for Specific and Substantial Utility MPEP 2104 Other Related FAQs 3 FAQs Collapse What is the examination process for plant patent applications? How do examiners conduct prior art searches for plant patent applications? What are the key statutory requirements for plant patent applications?