What legal authority allows the USPTO to submit plant applications to the Department of Agriculture?
The legal authority for the USPTO to submit plant patent applications to the Department of Agriculture is derived from multiple sources. According to MPEP 1609:
- 35 U.S.C. 164: This statute provides the general authority for the President to direct the Secretary of Agriculture to assist the USPTO in carrying out provisions related to plant patents.
- 37 CFR 1.167: This regulation specifically states, “Applications may be submitted by the Patent and Trademark Office to the Department of Agriculture for study and report.”
- Executive Order No. 5464: Issued by President Herbert Hoover on October 17, 1930, this order explicitly directs the Secretary of Agriculture to assist the Commissioner of Patents in implementing the Plant Patent Act.
These legal provisions collectively establish the framework for collaboration between the USPTO and the Department of Agriculture in the examination of plant patent applications.
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