What additional statement is required for newly found plants in a plant patent application?

When applying for a plant patent for a newly found plant, the inventor’s oath or declaration must include an additional statement. According to MPEP 1604:

Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area.

This requirement applies to both pre-AIA and AIA applications. It helps distinguish between plants discovered in the wild versus those found in cultivated areas, which is important for determining patentability under 35 U.S.C. 161.

To learn more:

• plant patent
• newly found plant
• cultivated area
• inventor’s declaration