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…

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Are 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…

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What 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…

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What 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,…

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What 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…

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What 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…

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How 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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