What are the key statutory requirements for plant patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 Related FAQs 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 applications must meet several key statutory requirements, as outlined in MPEP § 1608 . The manual states: As such, the statutory provisions with regard to patentable subject matter, utility, novelty, obviousness, disclosure, and claim specificity requirements apply (35 U.S.C. 101, 102, 103, and 112). These requirements include: Patentable Subject Matter : The plant must be eligible for patent protection under 35 U.S.C. 101 . Utility : The plant must have a specific, substantial, and credible utility. Novelty : The plant variety must be new as defined in 35 U.S.C. 102 . Non-obviousness : The plant must be non-obvious to a person skilled in the art, as per 35 U.S.C. 103 . Disclosure : The application must provide a clear and complete description of the plant, as required by 35 U.S.C. 112 . Claim Specificity : The claims must particularly point out and distinctly claim the subject matter of the invention. Meeting these requirements is crucial for obtaining a plant patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Examination Process for Plant Applications MPEP 1608 Plant Applications Follow Same Examination Process As National Applications MPEP 1608 Patentable Subject Matter Must Fall Within Four Categories MPEP 2106.03 Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162 MPEP 1608 Search of US Patent Classification System and Literature Databases Required MPEP 1608 Report from Agricultural Research Service Required When Appropriate MPEP 1608 Permitted Requirement for Useful Invention Under 35 U.S.C. 101 MPEP 2107.01 Required Nonelected Product and Process Claims Must Be Rejoined MPE...