MPEP § 1609 — Report of Agricultural Research Service (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 1609, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Report of Agricultural Research Service
This section addresses Report of Agricultural Research Service. Primary authority: 35 U.S.C. 164 and 37 CFR 1.167. Contains: 1 permission and 2 other statements.
Key Rules
Permitted Actions (4)
The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests of the Director, for the purpose of carrying into effect the provisions of this title with respect to plants (1) to furnish available information of the Department of Agriculture, (2) to conduct through the appropriate bureau or division of the Department research upon special problems, or (3) to detail to the Director officers and employees of the Department.
Applications may be submitted by the Patent and Trademark Office to the Department of Agriculture for study and report.
Executive Order No. 5464, October 17, 1930. Facilitating the consideration of applications for plant patents. I, Herbert Hoover, President of the United States of America, under the authority conferred upon me by act of May 23, 1930 (Public No. 245) [now 35 U.S.C. 164], entitled “An act to provide for plant patents,” and by virtue of all other powers vested in me relating thereto, do hereby direct the Secretary of Agriculture: (1) to furnish the Commissioner of Patents such available information of the Department of Agriculture, or (2) to conduct through the appropriate bureau or division of the department such research upon special problems, or (3) to detail to the Commissioner of Patents such officers and employees of the department, as the Commissioner may request for the purpose of carrying said act into effect.
The report may embody criticisms and objections to the disclosure, may offer suggestions for correction of such, or the report may merely state that:
Definitions & Scope (2)
Executive Order No. 5464, October 17, 1930. Facilitating the consideration of applications for plant patents. I, Herbert Hoover, President of the United States of America, under the authority conferred upon me by act of May 23, 1930 (Public No. 245) [now 35 U.S.C. 164], entitled “An act to provide for plant patents,” and by virtue of all other powers vested in me relating thereto, do hereby direct the Secretary of Agriculture: (1) to furnish the Commissioner of Patents such available information of the Department of Agriculture, or (2) to conduct through the appropriate bureau or division of the department such research upon special problems, or (3) to detail to the Commissioner of Patents such officers and employees of the department, as the Commissioner may request for the purpose of carrying said act into effect.
Executive Order No. 5464, October 17, 1930. Facilitating the consideration of applications for plant patents. I, Herbert Hoover, President of the United States of America, under the authority conferred upon me by act of May 23, 1930 (Public No. 245) [now 35 U.S.C. 164], entitled “An act to provide for plant patents,” and by virtue of all other powers vested in me relating thereto, do hereby direct the Secretary of Agriculture: (1) to furnish the Commissioner of Patents such available information of the Department of Agriculture, or (2) to conduct through the appropriate bureau or division of the department such research upon special problems, or (3) to detail to the Commissioner of Patents such officers and employees of the department, as the Commissioner may request for the purpose of carrying said act into effect.
Citations
| Primary topic | Citation |
|---|---|
| – | 35 U.S.C. § 164 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1609 — Report of Agricultural Research Service
Source: USPTO1609 Report of Agricultural Research Service [R-01.2024]
35 U.S.C. 164 Assistance of Department of Agriculture.
The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests of the Director, for the purpose of carrying into effect the provisions of this title with respect to plants (1) to furnish available information of the Department of Agriculture, (2) to conduct through the appropriate bureau or division of the Department research upon special problems, or (3) to detail to the Director officers and employees of the Department.
37 CFR 1.167 Examination.
Applications may be submitted by the Patent and Trademark Office to the Department of Agriculture for study and report.
The authority for submitting plant applications to the Department of Agriculture for report is given in:
Executive Order No. 5464, October 17, 1930. Facilitating the consideration of applications for plant patents.
I, Herbert Hoover, President of the United States of America, under the authority conferred upon me by act of May 23, 1930 (Public No. 245) [now 35 U.S.C. 164], entitled “An act to provide for plant patents,” and by virtue of all other powers vested in me relating thereto, do hereby direct the Secretary of Agriculture: (1) to furnish the Commissioner of Patents such available information of the Department of Agriculture, or (2) to conduct through the appropriate bureau or division of the department such research upon special problems, or (3) to detail to the Commissioner of Patents such officers and employees of the department, as the Commissioner may request for the purpose of carrying said act into effect.
Where the examiner considers it necessary to the examination of the plant patent application, a copy of the file and drawing of the application are forwarded to the National Program Leader for Horticultural Crops, Agricultural Research Service (ARS), U.S. Department of Agriculture, along with a request for a report as to whether the plant variety disclosed is new and distinct over known plant varieties. As the report is merely advisory to the Office, it is placed in the file but is not given a paper number. The copy of the report is customarily utilized by the examiner in the preparation of an action on the application.
The report may embody criticisms and objections to the disclosure, may offer suggestions for correction of such, or the report may merely state that:
“Examination of the specification submitted indicates that the variety described is not identical with others with which our specialists are familiar.”