What is the significance of the In re Elsner case for plant patents?
The In re Elsner case, as discussed in MPEP 2121.03, is significant for plant patents as it establishes criteria for when a combination of facts and events can constitute a statutory bar under pre-AIA 35 U.S.C. 102(b). The MPEP states: “The court held that when (i) a publication identifies claimed the plant, (ii) a foreign…
Read MoreHow do foreign sales affect prior art for plant patents?
Foreign sales can significantly impact what constitutes prior art for plant patents. According to MPEP 2121.03, the In re Elsner case established that foreign sales could potentially create a statutory bar. The MPEP notes: “Although the court agreed with the Board that foreign sales may enable an otherwise non-enabling printed publication, the case was remanded…
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