How does the availability of plant material affect enablement in prior art?
The availability of plant material is a critical factor in determining whether a prior art reference is enabling in plant genetics. According to MPEP 2121.03, “The mere reference to a plant with a particular name in a prior art publication does not by itself constitute the public availability of plant material.“ The MPEP further explains:…
Read MoreWhat role do plant deposits play in establishing enablement for prior art?
Plant deposits play a significant role in establishing enablement for prior art in plant genetics. According to MPEP 2121.03, “A deposit of seeds or plant material may be necessary to satisfy the enablement requirement.” This means that in some cases, a physical deposit of the plant material may be required to ensure that the prior…
Read MoreHow does the level of skill in the art affect enablement in plant genetics prior art?
The level of skill in the art is a crucial factor in determining enablement in plant genetics prior art. According to MPEP 2121.03, “The fact that experimentation may be complex does not necessarily make it undue, if the art typically engages in such experimentation.” This statement underscores the importance of considering the typical practices and…
Read MoreHow does the enabling disclosure requirement apply to inventions involving multiple technologies?
For inventions that involve multiple technologies or distinct arts, the enabling disclosure requirement becomes more complex. The specification must enable practitioners in each relevant field to carry out the aspects of the invention related to their expertise. As stated in MPEP 2164.05(b): “When an invention, in its different aspects, involves distinct arts, the specification is…
Read MoreIs an enabling disclosure required for a 37 CFR 1.130(a) declaration?
No, an enabling disclosure is not required for a declaration under 37 CFR 1.130(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor…
Read MoreDoes 37 CFR 1.130(b) require the disclosure to be an enabling disclosure?
No, 37 CFR 1.130(b) does not require the disclosure to be an enabling disclosure within the meaning of 35 U.S.C. 112(a). The MPEP clearly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly…
Read MoreDoes a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?
No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…
Read MoreCan a Secrecy Order be modified or rescinded?
Yes, applicants may petition for rescission or modification of a Secrecy Order:n n Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order. n Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not…
Read More