35 U.S.C. § 163 — Grant (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 163 Grant
This page consolidates MPEP guidance interpreting 35 U.S.C. § 163, including 6 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
The Grant of plant patents provides exclusivity rights for asexual reproduction of plants, ensuring that inventors have the right to exclude others from making, using, or selling their patented plant varieties.
What this section covers
- This section covers the grant of plant patents and the exclusivity rights they provide over asexually reproduced plants.
Key obligations
- Practitioners must ensure that the patent covers all relevant plant varieties and includes rights to exclude others from asexually reproducing, using, offering for sale, or selling such plants.
- The grant is limited to one plant or genome, and does not cover plants derived from sports or mutants of the original plant.
Practice notes
- Draft patent claims carefully to avoid overly broad language that could exclude relevant plant varieties.
Official MPEP § 163 — Grant
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 163 Grant.
In the case of a plant patent, the grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States.
(Amended Oct. 27, 1998, Public Law 105-289, sec. 3, 112 Stat. 2781.)
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| MPEP Section | Rules |
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| MPEP § 1601 |