How does a plant patent application differ from other types of patent applications?

While plant patent applications share many similarities with other types of patent applications, there are some key differences. The Manual of Patent Examining Procedure (MPEP) § 1603 states:

“An application for a plant patent consists of the same parts as other applications.“

However, plant patent applications have some unique requirements:

• Drawings must be submitted in duplicate (37 CFR 1.163(b)(5))
• The specification must include a detailed botanical description of the plant (MPEP § 1605)
• Only a single claim is permitted in a plant patent application (35 U.S.C. 162)

For more detailed information on these specific components, refer to:

• MPEP § 1604 for the inventor’s oath or declaration
• MPEP § 1605 for the specification and claim
• MPEP § 1606 for drawings

To learn more:

• plant patent
• patent application differences
• USPTO requirements
• botanical description