What is the significance of the ARS report in plant patent examinations?
The report provided by the Agricultural Research Service (ARS) plays an important advisory role in the examination of plant patent applications. According to MPEP 1609:
“As the report is merely advisory to the Office, it is placed in the file but is not given a paper number. The copy of the report is customarily utilized by the examiner in the preparation of his or her action on the application.”
While the report is not a formal part of the application file, it serves as a valuable resource for the examiner. The ARS report may include:
- Criticisms and objections to the disclosure
- Suggestions for corrections
- A statement indicating whether the variety is new and distinct
This input from agricultural experts helps ensure a thorough and informed examination of plant patent applications.
To learn more: