What form can be used for a plant patent application declaration?

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.

For plant patent applications filed on or after September 16, 2012, the USPTO provides a specific form for submitting a declaration. According to MPEP 1604:

A Plant Patent Application (35 U.S.C. 161) Declaration, Form PTO/AIA/09, may be used to submit a declaration in a plant application filed on or after September 16, 2012.

This form is designed to include all the necessary statements required for plant patent applications, making it easier for inventors to comply with the specific requirements.