What are the key elements of a plant patent specification?
The key elements of a plant patent specification, as outlined in MPEP 1605, include:
- A complete detailed botanical description of the plant
- The origin or parentage of the plant variety
- The genus and species designation of the plant variety
- A statement of the characteristics that distinguish the plant from related known varieties
- When appropriate, a description of the proximate numbers of stamens, pistils, sepals, and petals
- The environmental conditions under which the plant was grown
The MPEP states, “The specification should also include the origin or parentage and the genus and species designation of the plant variety sought to be patented.” This information helps to clearly identify and distinguish the plant variety being patented.
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