What is the right of priority for plant patent applications based on plant breeder’s rights?
The right of priority for plant patent applications based on plant breeder’s rights is established under 35 U.S.C. 119(f). This provision allows an applicant for a plant patent to claim priority based on an earlier application for plant breeder’s rights filed in certain foreign countries. According to MPEP 1613: “Pursuant to 35 U.S.C. 119(f), an…
Read MoreWhich countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613, which states: “Pursuant to 35 U.S.C. 119(f), an application for…
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