37 CFR § 1.163 — Specification and arrangement of application (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.163 Specification and arrangement of application
This page consolidates MPEP guidance interpreting 37 CFR § 1.163, including 12 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
This section provides detailed guidance on the specific elements required for plant application submissions, including their order and necessary forms, ensuring a clear and compliant filing process.
What this section covers
- Outlines the specific elements that must be included in a plant application, such as the plant application transmittal form and fee transmittal form.
- Details the required order of documents within the plant application submission, including the transmittal forms and data sheet.
Key obligations
- Specify that the plant application must include a plant application transmittal form.
- Mandate that the fee transmittal form be included in the application submission.
- Require the inclusion of an application data sheet as per § 1.76.
Practice notes
- Advise practitioners to ensure all required forms are correctly completed and submitted in the specified order.
- Warn against missing or incorrectly formatted application data sheets, which can lead to delays in the filing process.
Official MPEP § 1.163 — Specification and arrangement of application
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.163 Specification and arrangement of application elements in a plant application.
- (a) The specification must contain as full and complete a disclosure as possible of the plant and the characteristics thereof that distinguish the same over related known varieties, and its antecedents, and must particularly point out where and in what manner the variety of plant has been asexually reproduced. For a newly found plant, the specification must particularly point out the location and character of the area where the plant was discovered.
- (b) The elements of the plant application, if applicable, should appear in the following order:
- (c) The specification should include the following
sections in order:
- (1) Title of the invention, which may include an introductory portion stating the name, citizenship, and residence of the applicant.
- (2) Cross-reference to related applications (unless included in the application data sheet).
- (3) Statement regarding federally sponsored research or development.
- (4) Latin name of the genus and species of the plant claimed.
- (5) Variety denomination.
- (6) Background of the invention.
- (7) Brief summary of the invention.
- (8) Brief description of the drawing.
- (9) Detailed botanical description.
- (10) A single claim.
- (11) Abstract of the disclosure.
- (d) The text of the specification or sections defined in paragraph (c) of this section, if applicable, should be preceded by a section heading in upper case, without underlining or bold type.
[24 FR 10332, Dec. 22, 1959; para. (b), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; paras. (c) and (d) added, 61 FR 42790, Aug. 19, 1996, effective Sept. 23, 1996; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b)(6) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
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- Application Transmittal
- Claims
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- Plant Application
| MPEP Section | Rules |
|---|---|
| MPEP § 1603 | |
| MPEP § 1605 |