What is the difference between sexual and asexual reproduction in plant patents?

In the context of plant patents, the distinction between sexual and asexual reproduction is crucial. The MPEP 2121.03 highlights this difference in discussing the In re LeGrice case: “There was no evidence of commercial availability in enabling form since the asexually reproduced rose could not be reproduced from seed. Therefore, the public would not have…

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Are maintenance fees required for all types of patents?

Are maintenance fees required for all types of patents? No, maintenance fees are not required for all types of patents. The MPEP 2504 provides clear guidance on which patents are subject to maintenance fees: “Maintenance fees are required to be paid on all patents based on applications filed on or after December 12, 1980, except…

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How do foreign sales affect prior art for plant patents?

Foreign sales can significantly impact what constitutes prior art for plant patents. According to MPEP 2121.03, the In re Elsner case established that foreign sales could potentially create a statutory bar. The MPEP notes: “Although the court agreed with the Board that foreign sales may enable an otherwise non-enabling printed publication, the case was remanded…

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What constitutes enabling prior art for plant patents?

Enabling prior art for plant patents requires that the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant. The MPEP 2121.03 states: “When the claims are drawn to plants, the reference, combined with knowledge in the prior art, must enable one of ordinary…

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