What is the recommended order of elements in a plant patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The recommended order of elements in a plant patent application is specified in 37 CFR 1.163(b). According to this regulation:

The elements of the plant application, if applicable, should appear in the following order:

  1. Plant application transmittal form.
  2. Fee transmittal form.
  3. Application data sheet (see § 1.76).
  4. Specification.
  5. Drawings (in duplicate).
  6. The inventor’s oath or declaration (§ 1.162).

Following this recommended order helps ensure that your application is organized in a manner consistent with USPTO expectations, which can facilitate more efficient processing and examination of your plant patent application.

Tags: application order, Patent Application Structure, Plant Patent, USPTO Guidelines