35 U.S.C. § 162 — Description, claim (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 162, including 18 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 ensures that plant patents are not invalidated for noncompliance with section 112 if the description is as complete and detailed as possible, ensuring robust protection.

What this section covers

Addresses the requirements for plant patents in terms of description and claims under USC 35.
Covers the standard for plant patents not to be invalidated due to noncompliance with section 112 if the description is as complete as possible.

Key obligations

Plant patents shall not be declared invalid for noncompliance with section 112 if the description is as complete as possible.
The claim must be supported by a complete and detailed description in the specification.
Compliance with this standard is tied to USC 35 and CFR authority.

Practice notes

Ensure the description is as complete as possible, even if it may not fully comply with section 112.
Avoid underdescribing the plant, as it could lead to invalidation of the patent.

Description Must Be CompleteMPEP 1605Required
Claims Must Match Described PlantMPEP 1605Required
Plant Applications Follow Same Examination Process As National ApplicationsMPEP 1608
Same Examination Process for Plant ApplicationsMPEP 1608
Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162MPEP 1608
Claim Required for Design Application Filing DateMPEP 601.01(e)
Claim Required for Design ApplicationsMPEP 601.01(e)
Claim Not Required for Plant Patents Filed After Dec 18, 2013MPEP 601.01(e)Required
Claims Not Required for Design Applications and Nonprovisional Pre-2013MPEP 601.01(e)Prohibited

Description Must Be CompleteMPEP 1605Required
Claims Must Match Described PlantMPEP 1605Required
Deposit Not Required for Plant PatentsMPEP 2403.02Required
Deposit of Plant Material Required for Invention DescriptionMPEP 2403.02Required
Claim Not Required for Plant Patents Filed After Dec 18, 2013MPEP 601.01(e)Required

Factors Removing Plants from Patent Protection Before 1930MPEP 1601
Plants Are Patentable InventionsMPEP 1601
Plant Written Description Must Be CompleteMPEP 1601
Work of Plant Breeders Is PatentableMPEP 1601
Plant Patent Written Description Requirement RelaxedMPEP 1601
Description Requirement for Plant PatentsMPEP 1601
Deposit Not Required for Plant PatentsMPEP 2403.02

MPEP Section	Rules
MPEP § 1601	Factors Removing Plants from Patent Protection Before 1930MPEP 1601 Plants Are Patentable InventionsMPEP 1601 Plant Written Description Must Be CompleteMPEP 1601 Work of Plant Breeders Is PatentableMPEP 1601 Plant Patent Written Description Requirement RelaxedMPEP 1601 Description Requirement for Plant PatentsMPEP 1601
MPEP § 1605	Description Must Be CompleteMPEP 1605Required Claims Must Match Described PlantMPEP 1605Required
MPEP § 1608	Plant Applications Follow Same Examination Process As National ApplicationsMPEP 1608 Same Examination Process for Plant ApplicationsMPEP 1608 Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162MPEP 1608
MPEP § 2403.02	Deposit Not Required for Plant PatentsMPEP 2403.02 Deposit Not Required for Plant PatentsMPEP 2403.02Required Deposit of Plant Material Required for Invention DescriptionMPEP 2403.02Required
MPEP § 601.01(e)	Claim Required for Design Application Filing DateMPEP 601.01(e) Claim Required for Design ApplicationsMPEP 601.01(e) Claim Not Required for Plant Patents Filed After Dec 18, 2013MPEP 601.01(e)Required Claims Not Required for Design Applications and Nonprovisional Pre-2013MPEP 601.01(e)Prohibited

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 162 — Description, claim (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 162 Description, claim

Summary

Official MPEP § 162 — Description, claim

35 U.S.C. 162 Description, claim.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions