What are the requirements for submitting plant specimens to the USPTO?

When submitting plant specimens to the USPTO, applicants must follow specific requirements as outlined in MPEP 1607:

  • Specimens must be provided in the quantity and at the stage of growth designated by the examiner.
  • Specimens must be properly packed and forwarded according to instructions provided to the applicant.
  • If specimens cannot be forwarded, plants must be made available for official inspection where they are grown.

The MPEP states: “Such specimens, properly packed, must be forwarded in conformity with instructions furnished to the applicant. When it is not possible to forward such specimens, plants must be made available for official inspection where grown.” It’s crucial to follow these instructions carefully to ensure proper examination of your plant patent application.

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Tags: plant patent examination, plant specimens, specimen submission, USPTO requirements