How is the U.S. Department of Agriculture (USDA) involved in plant patent examinations?
The U.S. Department of Agriculture (USDA) plays a role in plant patent examinations through its Agricultural Research Service (ARS). According to MPEP 1610:
“The Office action may include so much of any report of the ARS as the examiner deems necessary, or may embody no part of it. In the event of an interview, the examiner, in his or her discretion, may show the entire report to the inventor or attorney.”
The ARS report can provide valuable insights into the plant variety being examined. However, it’s important to note that:
“The report of the ARS is not in the nature of a publication and matters raised therein within the personal knowledge of the specialists of the ARS are not sufficient basis for a rejection unless it is first ascertained by the examiner that the same can be supported by affidavits by said specialists (37 CFR 1.104(d)(2)).”
This means that while the ARS report is considered during examination, it cannot be used as the sole basis for rejection without additional support.
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