What types of content should be avoided in plant patent specifications?
When drafting a plant patent specification, certain types of content should be avoided. The MPEP 1610 provides guidance on this matter:
- Unwarranted advertising: “Care should also be exercised that the specification does not contain unwarranted advertising, for example, ‘the disclosed plant being grown in the XYZ Nurseries of Topeka, Kansas.'”
- Laudatory expressions: “Nor should the specification include laudatory expressions, such as, ‘The rose is prettier than any other rose.’ Such expressions are wholly irrelevant.”
- Unnecessary product descriptions: “Where the fruit is described, statements in the specification as to the character and quality of products made from the fruit are not necessary and should be deleted.”
These guidelines ensure that the plant patent specification remains focused on the technical aspects of the new plant variety without including extraneous or promotional content.
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