Is there any exception to statutory requirements for plant patents?
Yes, there is one exception to the statutory requirements for plant patents. According to MPEP § 1608: The sole exception in terms of applicability of these statutory provisions is set forth in 35 U.S.C. 162. 35 U.S.C. 162 provides specific provisions for plant patents, including the description requirement for plant patent applications. This exception acknowledges…
Read MoreHow does the enablement requirement differ for plant patents?
The enablement requirement for plant patents is less stringent compared to utility patents. This is reflected in 35 U.S.C. 162, which states: “No plant patent shall be declared invalid for noncompliance with section 112 if the description is as complete as is reasonably possible.” This means that while a plant patent specification should be as…
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