Which types of patents still receive USPC classifications?
While most patents have transitioned to the Cooperative Patent Classification (CPC) system, certain types of patents still receive classifications within the U.S. Patent Classification System (USPC). As stated in MPEP 902: “Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classification within the USPC.” This means that inventors and…
Read MoreWhat types of patent applications are classified and assigned to examiners?
According to MPEP 909.02(b), the following types of patent applications are classified and assigned to examiners: Nonprovisional design applications Nonprovisional plant applications The MPEP states: “Every nonprovisional design and plant application, new or amended, and including the drawings, if any, when first assigned to a Technology Center (TC) must be classified and assigned to an…
Read MoreWhat is the role of the Office of Patent Application Processing (OPAP) in handling new design and plant patent applications?
The Office of Patent Application Processing (OPAP) plays a crucial initial role in handling new design and plant patent applications at the USPTO. As detailed in 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…
Read MoreWhat are the general guidelines for assigning nonprovisional design and plant applications for examination?
The general guidelines for assigning nonprovisional design and plant applications for examination include: Applications are assigned based on where they would have an original classification if the claims were in a patent. Claims and statement of invention are generally taken as they read, interpreted in light of the disclosure. The most indented subclass in the…
Read MoreCan plant patent applications include multiple drawings or photographs?
Yes, plant patent applications can and often do include multiple drawings or photographs. According to MPEP 1606: “The drawings in design patent applications, which include ornamental designs of articles of manufacture, are normally limited to one view. In plant design applications, on the other hand, it is necessary to show all significant features of the…
Read MoreWhat is the legal basis for claiming priority on a U.S. plant patent application?
The legal basis for claiming priority on a U.S. plant patent application based on a foreign plant breeder’s rights application is established in U.S. patent law. Specifically, it is grounded in 35 U.S.C. 119(f), which extends the right of priority to plant patent applications. According to MPEP 1613: “Pursuant to 35 U.S.C. 119(f), an application…
Read MoreWhat legal authority allows the USPTO to submit plant applications to the Department of Agriculture?
The legal authority for the USPTO to submit plant patent applications to the Department of Agriculture is derived from multiple sources. According to MPEP 1609: 35 U.S.C. 164: This statute provides the general authority for the President to direct the Secretary of Agriculture to assist the USPTO in carrying out provisions related to plant patents.…
Read MoreWhat should inventors know about filing a plant patent application?
Inventors considering filing a plant patent application should be aware that while the general patent rules apply, there are some specific considerations for plant patents. According to MPEP 1602: “The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided.” This…
Read MoreAre International Patent Classification symbols required for plant patent applications?
Yes, International Patent Classification (IPC) symbols are required for plant patent applications being sent to issue. The MPEP 1611 states: “The International Patent Classification symbols, most recent edition, should be placed on the Issue Classification form of all plant patent applications being sent to issue.“ This requirement ensures that plant patents are properly classified within…
Read MoreHow are plant patent applications handled if incorrectly routed?
Plant patent applications under 35 U.S.C. 161 are specifically handled as follows: All plant patent applications 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 OPAP for proper routing to AU 1661. The MPEP states: All plant patent applications…
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