This page consolidates MPEP guidance interpreting 35 U.S.C. § 161, including 55 rules 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.

Summary

Plant patents provide intellectual property protection for inventors who develop new and distinct plant varieties through asexual reproduction, covering a wide range of cultivated plant types.

What this section covers

• Specific types of plant varieties eligible for patent protection, including cultivated sports, mutants, and hybrids.
• Comprehensive scope of plant patent protection for novel and distinct plant varieties, including algae and macro-fungi.

Key obligations

• Demonstrate that the plant variety is new, distinct, and capable of asexual reproduction.
• Provide a comprehensive specification that meets patent description requirements.
• Exclude tuber-propagated plants from patent protection.

Practice notes

• Carefully document the unique characteristics and asexual reproduction method of the plant variety.
• Provide detailed evidence of the plant's distinctiveness and reproducibility.

Related Provisions

• 35 U.S.C. § 101
• 35 U.S.C. § 112
• 35 U.S.C. § 111
• 35 U.S.C. § 171
• 35 U.S.C. § 162

Based on MPEP Last Modified: 10/30/2024 08:50:22