What is the claim structure for a plant patent?
The claim structure for a plant patent is unique compared to utility patents. According to MPEP 1605 and 37 CFR 1.164: “The claim shall be in formal terms to the new and distinct variety of the specified plant as described and illustrated, and may also recite the principal distinguishing characteristics. More than one claim is…
Read MoreWhat is the main difference between design patent applications and utility patent applications regarding claims?
The main difference is that a design patent application may only have a single claim, while a utility patent application can contain multiple claims. As stated in the MPEP: “Unlike a utility patent application, which can contain plural claims directed to plural inventions, a design patent application may only have a single claim.” This limitation…
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