What are the requirements for a plant patent specification?
The specification for a plant patent must contain a detailed description of the plant and its distinguishing characteristics. According to MPEP 1605, the specification should include:
- A complete botanical description of the plant
- Characteristics that distinguish it from related known varieties
- The plant’s origin or parentage
- The genus and species designation
- Details on how and where the plant has been asexually reproduced
The MPEP states: “The specification should include a complete detailed description of the plant and the characteristics thereof that distinguish the same over related known varieties, and its antecedents, expressed in botanical terms in the general form followed in standard botanical textbooks or publications dealing with the varieties of the kind of plant involved.”
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