What are the requirements for an inventor’s oath or declaration in a plant patent application?

For plant patent applications, the inventor’s oath or declaration must include specific statements in addition to the standard requirements. According to MPEP 1604:

• The inventor must state that they have “asexually reproduced the new and distinct variety of plant for which a patent is sought.”
• If the plant is newly found, the declaration must also state that “it was found in a cultivated area.”

These requirements are in addition to the standard averments required by 37 CFR 1.63 or 37 CFR 1.64.

To learn more:

• plant patent
• inventor’s oath
• inventor’s declaration
• asexual reproduction
• newly found plant