Which countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs 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. U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613 , which states: “Pursuant to 35 U.S.C. 119(f), an application for a plant patent may rely upon an application for plant breeder’s rights filed in a WTO member country (or in a foreign UPOV Contracting Party) for priority under 35 U.S.C. 119(a) through (c).” It’s important to note that the country where you filed your plant breeder’s rights application must be either a WTO member or a UPOV Contracting Party at the time of filing to be eligible for this priority claim. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Plant Patent Can Use Foreign PBR Priority MPEP 1613 Permitted Design Patent Applications Can Claim Foreign Filing Dates MPEP 1504.10 Applicants Can Claim Priority Under URA MPEP 201.04 Continuation Reissue Application Must Claim Benefit Under 35 U.S.C. 120 MPEP 1451 Priority Claims for National Applications MPEP 1893.03(c) Priority Claim Can Be Perfected by Certificate of Correction MPEP 1481.03 Permitted Requirement for Benefit Claims Under 35 U.S.C. 120 MPEP 1504.20 Provisional Application Must Claim Benefit Under 119(e) MPEP 1893.03(c) Non-Continued Prosecution Application Must Reference Prior Applications Claimed for Benefit MPEP 201.06(d) Continuation Application Must Reference International Application MPEP 1895.01 Other Related FAQs 4 FAQs Collapse What is the legal basis for claiming priority on a U.S. plant patent application? What is t...