What rules apply to plant patent applications?

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.

According to MPEP 1602, the general rules for patent applications also apply to plant patent applications, with some exceptions. Specifically, 37 CFR 1.161 states:

“The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided.”

This means that inventors seeking plant patents should follow the standard patent application procedures, while being aware of any specific provisions for plant patents.