What 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…

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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…

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How 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:…

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What 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…

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What 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…

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What 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…

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