What is a Request for Continued Examination (RCE) in the context of reissue applications?
A Request for Continued Examination (RCE) is a procedure available for reissue applications of utility or plant patents filed on or after June 8, 1995. According to MPEP 1452: “A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on…
Read MoreWhat are the requirements for a plant patent specification?
The specification for a plant patent must contain a detailed description of the plant and its distinguishing characteristics. According to MPEP 1605, the specification should include: A complete botanical description of the plant Characteristics that distinguish it from related known varieties The plant’s origin or parentage The genus and species designation Details on how and…
Read MoreWhat 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 MoreHow does the enablement requirement differ for plant patents?
The enablement requirement for plant patents is less stringent compared to utility patents. This is reflected in 35 U.S.C. 162, which states: “No plant patent shall be declared invalid for noncompliance with section 112 if the description is as complete as is reasonably possible.” This means that while a plant patent specification should be as…
Read MoreHow does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?
The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences: For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64. For applications filed before September 16, 2012:…
Read MoreWhat form can be used for a plant patent application declaration?
For plant patent applications filed on or after September 16, 2012, the USPTO provides a specific form for submitting a declaration. According to MPEP 1604: A Plant Patent Application (35 U.S.C. 161) Declaration, Form PTO/AIA/09, may be used to submit a declaration in a plant application filed on or after September 16, 2012. This form…
Read MoreHow should colors be described in a plant patent application?
When color is a distinctive feature of a plant in a patent application, it should be accurately described. According to MPEP 1605: “Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color…
Read MoreWhat is the claim structure for a plant patent?
The claim structure for a plant patent is unique compared to utility patents. According to MPEP 1605 and 37 CFR 1.164: “The claim shall be in formal terms to the new and distinct variety of the specified plant as described and illustrated, and may also recite the principal distinguishing characteristics. More than one claim is…
Read MoreWhat are the required elements of a plant patent application?
A plant patent application consists of several required elements, as outlined in 37 CFR 1.163(b). These elements should appear in the following order: Plant application transmittal form Fee transmittal form Application data sheet (see § 1.76) Specification Drawings (in duplicate) The inventor’s oath or declaration (§ 1.162) As stated in the MPEP, “An application for…
Read MoreWhat is the recommended order of elements in a plant patent application?
The recommended order of elements in a plant patent application is specified in 37 CFR 1.163(b). According to this regulation: “The elements of the plant application, if applicable, should appear in the following order: Plant application transmittal form. Fee transmittal form. Application data sheet (see § 1.76). Specification. Drawings (in duplicate). The inventor’s oath or…
Read More