What are the common grounds for rejecting a plant patent claim?

Plant patent claims can be rejected on similar grounds as other patent types. The MPEP 1610 mentions two common grounds for rejection:

1. 35 U.S.C. 102 (Novelty): A claim may be rejected if it fails to patentably distinguish over prior art. The following form paragraph may be used:
   

   “The claim is rejected under 35 U.S.C. 102 as failing to patentably distinguish over [prior art reference].”

2. 35 U.S.C. 112 (Specification): A claim may be rejected if it doesn’t meet the requirements for a clear and complete description. The following form paragraph may be used:
   

   “The claim is rejected under 35 U.S.C. 112 [specific paragraph] because [reason for rejection].”

These rejections ensure that plant patent claims meet the standards of novelty and clear description required for patentability. Examiners may use these form paragraphs to communicate specific issues with the claim.

To learn more:

• Plant Patents
• Patent Rejection
• 35 U.S.C. 102
• 35 U.S.C. 112