What types of information can the Department of Agriculture provide for plant patent applications?

The Department of Agriculture can provide various types of information and assistance for plant patent applications. According to 35 U.S.C. 164 and Executive Order No. 5464, the Secretary of Agriculture may:

1. Furnish available information from the Department of Agriculture
2. Conduct research on special problems through appropriate bureaus or divisions
3. Detail officers and employees to assist the USPTO

Specifically, the Agricultural Research Service (ARS) may provide a report that includes:

• Information on whether the plant variety is new and distinct over known plant varieties
• Criticisms and objections to the disclosure in the application
• Suggestions for corrections to the application

In some cases, the report may simply state: “Examination of the specification submitted indicates that the variety described is not identical with others with which our specialists are familiar.”

This information helps USPTO examiners make informed decisions about the patentability of plant varieties.

To learn more:

• Department of Agriculture
• Plant Patents
• USPTO
• ARS Report