How should colors be described in a plant patent application?
When color is a distinctive feature of a plant in a patent application, it should be accurately described. According to MPEP 1605:
“Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color chart.”
Failure to properly describe colors can result in objections or rejections. The MPEP provides two form paragraphs that examiners may use:
- Form Paragraph 16.02 for objecting to color descriptions that don’t match the drawings
- Form Paragraph 16.03 for rejecting claims under 35 U.S.C. 112(a) for insufficient color description
It’s crucial to ensure that color descriptions in the specification accurately reflect the plant’s actual colors and correspond with any color representations in the drawings or photographs.
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