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How should the title of a plant patent be formulated?

By russ.krajec@blueironip.com | September 27, 2024

The title of a plant patent should relate to the entire plant and not to its flower or fruit. According to MPEP 1610: “The title of the invention must relate to the entire plant and not to its flower or fruit, thus: Apple Tree, Rose Plant.” This guidance ensures that the title accurately represents the…

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What should the claim language focus on in a plant patent application?

By russ.krajec@blueironip.com | September 27, 2024

In a plant patent application, the claim language must be directed to the “new and distinct variety of plant.” The MPEP 1610 states: “This is important as under no circumstance should the claim be directed to a new variety of flower or fruit in contradistinction to the plant bearing the flower or the tree bearing…

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