Do design or plant patents require maintenance fees?
No, design and plant patents do not require maintenance fees. The MPEP 2501 clearly states: “No fee may be established for maintaining a design or plant patent in force.” This means that once a design or plant patent is granted, it remains in force for its full term without the need for periodic maintenance fee…
Read MoreHow does commercial availability affect plant patent prior art?
Commercial availability of plant materials can significantly impact what constitutes enabling prior art for plant patents. The MPEP 2121.03 provides an example in the case of Ex parte Thomson: “Seeds were commercially available more than 1 year prior to applicant’s filing date. One of ordinary skill in the art could grow the claimed cotton cultivar…
Read MoreAre genetically modified plants patentable?
Yes, genetically modified plants can be patentable subject matter. The MPEP cites the Supreme Court’s decision in J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., which held that patentable subject matter under 35 U.S.C. 101 includes newly developed plant breeds. The MPEP states: “With respect to plant subject matter, the Supreme Court held that…
Read MoreWhat is the significance of WTO membership and UPOV Contracting Party status for plant patent priority claims?
The significance of WTO (World Trade Organization) membership and UPOV (International Union for the Protection of New Varieties of Plants) Contracting Party status lies in their role as qualifying criteria for plant patent priority claims. These international agreements ensure a level of standardization and reciprocity in plant variety protection. MPEP 1613 specifies: “Pursuant to 35…
Read MoreWhat is the UPOV Convention?
The UPOV Convention, or International Convention for the Protection of New Varieties of Plants, is an international agreement that provides intellectual property protection for plant breeders. According to the MPEP, The International Convention for the Protection of New Varieties of Plants (generally known by its French acronym as “UPOV Convention”) was adopted on December 2,…
Read MoreWhat is a variety denomination in plant patents?
A variety denomination is a unique name given to a plant variety for identification purposes. In the context of plant patents, the MPEP explains: Inclusion of the variety denomination in the patent comprises its registration. The registration process in general terms consists of inclusion of a proposed variety denomination in the plant patent application. The…
Read MoreWhat is the distinction between utility and design patents in the MPEP?
What is the distinction between utility and design patents in the MPEP? According to MPEP 901.04, there are two main types of patents: Utility Patents: These are issued “for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Design Patents: These are issued “for any new,…
Read MoreWhat is the difference between utility patents and plant patents for plants?
While both utility patents and plant patents can cover plants, they differ in scope and requirements. According to MPEP 1601: “It is noted that the plant patent statute does not preclude the granting of a utility patent for plants, seeds, or plant parts or of a design patent for an ornamental design of a plant.“…
Read MoreWhat is the Technology Center responsible for plant patent applications?
Plant patent applications are assigned to Technology Center (TC) 1600 at the United States Patent and Trademark Office (USPTO). According to MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent Application Processing (OPAP).” TC 1600 specializes in…
Read MoreHow does the USPTO use the Agricultural Research Service (ARS) in examining plant patent applications?
The USPTO may utilize the Agricultural Research Service (ARS) of the U.S. Department of Agriculture during the examination of plant patent applications. According to MPEP 1609: “Where the examiner considers it necessary to the examination of the plant patent application, a copy of the file and drawing of the application are forwarded to the National…
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