MPEP § 1613 — Right of Priority Based upon Application for Plant Breeder’s Rights (Annotated Rules)
§1613 Right of Priority Based upon Application for Plant Breeder’s Rights
This page consolidates and annotates all enforceable requirements under MPEP § 1613, 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.
Right of Priority Based upon Application for Plant Breeder’s Rights
This section addresses Right of Priority Based upon Application for Plant Breeder’s Rights. Primary authority: 35 U.S.C. 119(f) and 35 U.S.C. 119(a). Contains: 1 permission.
Key Rules
UPOV Convention Application
Pursuant to 35 U.S.C. 119(f), an application for a plant patent may rely upon an application for plant breeder’s rights filed in a WTO member country (or in a foreign UPOV Contracting Party) for priority under 35 U.S.C. 119(a) through (c).
Citations
| Primary topic | Citation |
|---|---|
| UPOV Convention Application | 35 U.S.C. § 119(a) |
| UPOV Convention Application | 35 U.S.C. § 119(f) |
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 § 1613 — Right of Priority Based upon Application for Plant Breeder’s Rights
Source: USPTO1613 Right of Priority Based upon Application for Plant Breeder’s Rights [R-08.2012]
Pursuant to 35 U.S.C. 119(f), an application for a plant patent may rely upon an application for plant breeder’s rights filed in a WTO member country (or in a foreign UPOV Contracting Party) for priority under 35 U.S.C. 119(a) through (c).