MPEP § 1607 — Specimens (Annotated Rules)
§1607 Specimens
This page consolidates and annotates all enforceable requirements under MPEP § 1607, 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.
Specimens
This section addresses Specimens. Primary authority: 37 CFR 1.166. Contains: 1 requirement and 1 guidance statement.
Key Rules
Access to Patent Application Files (MPEP 101-106)
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.
Specimen Requirements
Specimens of the plant variety, its flower or fruit, should not be submitted unless specifically called for by the examiner.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
Applicant [1] required to submit [2] in accordance with 37 CFR 1.166 .
Citations
| Primary topic | Citation |
|---|---|
| – | Form Paragraph § 16.13 |
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 § 1607 — Specimens
Source: USPTO1607 Specimens [R-08.2012]
37 CFR 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.
Specimens of the plant variety, its flower or fruit, should not be submitted unless specifically called for by the examiner.
Form Paragraph 16.13 may be used to require specimens.
¶ 16.13 Specimens Are Required
Applicant [1] required to submit [2] in accordance with 37 CFR 1.166.