What are the requirements for plant patent drawings?
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.
Plant patent drawings have specific requirements as outlined in MPEP 1606 and 37 CFR 1.165. Key requirements include:
- Drawings must be artistically and competently executed
- They must comply with the requirements of 37 CFR 1.84
- The drawing must disclose all distinctive characteristics of the plant capable of visual representation
- Color drawings are allowed and required if color is a distinguishing characteristic
- Two copies of color drawings or photographs must be submitted
As stated in the MPEP, “The drawing must disclose all the distinctive characteristics of the plant capable of visual representation.” This means that the drawings should accurately depict the unique features that make the plant patentable.