How are plant patent applications handled in the USPTO?
Plant patent applications in the USPTO are handled as follows: All plant patent applications under 35 U.S.C. 161 are assigned and examined in Art Unit (AU) 1661. If an application is accidentally routed to the wrong AU, it will be manually rerouted to the Office of Patent Application Processing (OPAP) for correct routing. The MPEP…
Read MoreWhat is the difference between primary and secondary classifications for plant patent applications?
The MPEP distinguishes between primary and secondary classifications for plant patent applications as follows: Primary Classification: “The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide.” Secondary Classification: “A secondary classification is based on other inventive concepts (mandatory) or…
Read MoreHow are plant patent application publications classified?
Plant patent application publications are classified using a primary classification and may also receive secondary classifications. The MPEP provides the following guidance: “Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one…
Read MoreWhat information is included in the classification of a plant patent application publication?
The classification of a plant patent application publication includes several elements, as outlined in the MPEP: A primary classification (mandatory) Secondary classifications (optional) International classification(s) Selection of a figure for publication (if applicable) The MPEP states: “Applications are classified by giving each application at least a primary classification and an international classification. The suggested international…
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