What are the requirements for an inventor’s oath or declaration in a plant patent application?
For plant patent applications, the inventor’s oath or declaration must include specific statements in addition to the standard requirements. According to MPEP 1604: The inventor must state that they have “asexually reproduced the new and distinct variety of plant for which a patent is sought.” If the plant is newly found, the declaration must also…
Read MoreWhat information must be included about the location where a plant was discovered?
For newly discovered plants, the patent application must provide information about the location where the plant was found. According to MPEP 1605 and 37 CFR 1.163(a): “For a newly found plant, the specification must particularly point out the location and character of the area where the plant was discovered.” Key points to include: Specific location…
Read MoreWhat additional statement is required for newly found plants in a plant patent application?
When applying for a plant patent for a newly found plant, the inventor’s oath or declaration must include an additional statement. According to MPEP 1604: Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area. This requirement applies to both pre-AIA…
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