37 CFR § 1.164 — Claim. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.164 Claim.
This page consolidates MPEP guidance interpreting 37 CFR § 1.164, including 7 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 claim must describe and illustrate the new and distinct variety of plant in formal terms, reciting principal distinguishing characteristics and including a description of the plant's distinguishing features if relevant.
What this section covers
- Define the scope of claims required in a plant patent application.
- Identify that the claim must describe and illustrate the new and distinct variety of plant as specified.
Key obligations
- State that the claim must be in formal terms and recite principal distinguishing characteristics of the variety.
- Specify that the claim may also include a description of the plant's distinguishing features if relevant.
Practice notes
- Advise practitioners to ensure the claim is clear and specific, avoiding ambiguity in describing the variety.
- Remind practitioners to include illustrations if necessary to clearly depict the distinguishing characteristics of the plant variety.
Official MPEP § 1.164 — Claim.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.164 Claim.
The claim shall be in formal terms to the new and distinct variety of the specified plant as described and illustrated, and may also recite the principal distinguishing characteristics. More than one claim is not permitted.
- Patent Application Content
- Claims
- Plant Patents
- Plant Application
| MPEP Section | Rules |
|---|---|
| MPEP § 1605 |