How does the UPOV Convention affect plant patent examination in the US?
The UPOV Convention generally does not affect the examination of plant patent applications in the United States, with one notable exception. The MPEP states: Application of the UPOV Convention in the United States does not affect the examination of plant patent applications, except in one instance. It is now necessary as a condition for receiving…
Read MoreWhat are the requirements for submitting plant specimens to the USPTO?
When submitting plant specimens to the USPTO, applicants must follow specific requirements as outlined in MPEP 1607: Specimens must be provided in the quantity and at the stage of growth designated by the examiner. Specimens must be properly packed and forwarded according to instructions provided to the applicant. If specimens cannot be forwarded, plants must…
Read MoreWhat is Form Paragraph 16.13 in plant patent examination?
Form Paragraph 16.13 is a standardized text used by patent examiners to request plant specimens during the examination of plant patent applications. As mentioned in MPEP 1607, “Form Paragraph 16.13 may be used to require specimens.“ The MPEP provides the following text for Form Paragraph 16.13: “Applicant [1] required to submit [2] in accordance with…
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