Which countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613, which states: “Pursuant to 35 U.S.C. 119(f), an application for…
Read MoreHow are new design and plant patent applications initially processed?
New nonprovisional design and plant patent applications are initially processed by the Office of Patent Application Processing (OPAP) and then assigned to specific Technology Centers (TCs). 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…
Read MoreHow are new design and plant patent applications initially assigned?
New nonprovisional design and plant patent applications are initially assigned by the Office of Patent Application Processing (OPAP) as follows: Design applications are assigned to Technology Center (TC) 2900 Plant applications are assigned to Technology Center (TC) 1600 As stated in the MPEP: New nonprovisional design and plant applications are assigned to Technology Centers (TCs)…
Read MoreHow are design and plant applications classified at allowance?
Design and plant applications are classified differently from utility applications at allowance. According to the MPEP, Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC. The primary examiner is responsible for reviewing the original classification and cross-referencing on the Issue Classification sheet. The MPEP states:…
Read MoreWhat is the role of the Department of Agriculture in plant patent applications?
The Department of Agriculture plays a crucial role in assisting the USPTO with plant patent applications. According to 35 U.S.C. 164, the President may direct the Secretary of Agriculture to: Furnish available information from the Department of Agriculture Conduct research on special problems through appropriate bureaus or divisions Detail officers and employees to the USPTO…
Read MoreWhat types of information can the Department of Agriculture provide for plant patent applications?
The Department of Agriculture can provide various types of information and assistance for plant patent applications. According to 35 U.S.C. 164 and Executive Order No. 5464, the Secretary of Agriculture may: Furnish available information from the Department of Agriculture Conduct research on special problems through appropriate bureaus or divisions Detail officers and employees to assist…
Read MoreHow are color drawings handled in plant patent applications during the issue process?
Color drawings play a crucial role in plant patent applications, and they receive special treatment during the issue process. According to MPEP 1611, “where there are color drawings, the better one of the two judged, for example, by its sharpness or cleanliness is selected to be printed in the patent.“ This means that when a…
Read MoreAre color drawings allowed in plant patent applications?
Yes, color drawings are allowed and sometimes required in plant patent applications. According to MPEP 1606: “The drawings may be in color. The drawing must be in color if color is a distinguishing characteristic of the new variety. Two copies of color drawings or photographs must be submitted.” This means that if color is an…
Read MoreHow should color be claimed in plant patent applications?
Claiming color in plant patent applications is an important aspect of describing the unique characteristics of a new plant variety. According to MPEP 1606: “Color may be a distinguishing characteristic of the new variety, and color drawings are normally required. Color must be described in the specification by reference to a specific color as defined…
Read MoreWhat is the difference between asexual and sexual reproduction in plant patents?
In the context of plant patents, the distinction between asexual and sexual reproduction is crucial. According to the MPEP 1601: “Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.” Key points to understand: Plant patents are only…
Read More