What are the required elements of a plant patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 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. A plant patent application consists of several required elements, as outlined in 37 CFR 1.163(b) . These elements should appear in the following order: Plant application transmittal form Fee transmittal form Application data sheet (see § 1.76) Specification Drawings (in duplicate) The inventor’s oath or declaration (§ 1.162) As stated in the MPEP, “ An application for a plant patent consists of the same parts as other applications. ” For more detailed information on specific components, refer to: MPEP § 1604 for the inventor’s oath or declaration MPEP § 1605 for the specification and claim MPEP § 1606 for drawings Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Parts of a Plant Patent Application Same as Other Applications MPEP 1603 Order of Plant Application Elements Required MPEP 1605 Recommended Requirements for Plant Application Content MPEP 1603 Inventor’s Oath for Newly Found Plants in Cultivated Areas Required MPEP 1604 Required Declaration Required for Plant Patents Filed After September 16, 2012 MPEP 1604 Permitted Inventor Must Asexually Reproduce Plant for Patent MPEP 1604 Required Application Data Sheet Required for Amended Publication MPEP 502.05 Required Order of Specification Sections Required MPEP 1605 Recommended Genus and Species Must Be Stated MPEP 1605 Recommended Order of Application Elements Must Be Followed MPEP 608.05 Recommended Other Related FAQs 5 FAQs Collapse How does a plant patent application differ from other types of patent applications? Do plant patent applications require duplicate drawings? Is an Application Data Sheet (ADS) required for a plant patent application? What is the recommended order of elements in a plant patent ap...