37 CFR § 1.166 — Specimens. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.166 Specimens.
This page consolidates MPEP guidance interpreting 37 CFR § 1.166, including 4 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 Specimens section requires applicants to provide specimens of the plant variety, its flower or fruit, in a designated quantity and stage of growth for study and inspection.
What this section covers
- This section covers the requirement for applicants to furnish specimens of the plant variety, including flowers or fruits, as needed by the examiner for study and inspection.
Key obligations
- Applicants must provide specimens of the plant variety, its flower or fruit, in a quantity and at a stage of growth as designated by the examiner.
- Specimens should not be submitted unless specifically called for by the examiner to ensure compliance with US patent laws.
- Specimens must be available for study and inspection as required by the US patent laws.
Practice notes
- Ensure the specimens are representative of the plant's variety and submitted in a timely manner.
- Timely submission is crucial to avoid delays in the patent application process.
Official MPEP § 1.166 — Specimens.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.166 Specimens.
The applicant may be required to furnish specimens of the plant, or its flower or fruit, in a quantity and at a time in its stage of growth as may be designated, for study and inspection. Such specimens, properly packed, must be forwarded in conformity with instructions furnished to the applicant. When it is not possible to forward such specimens, plants must be made available for official inspection where grown.
- Plant Patents
- Plant Specimens