What is the role of the USDA in the patent term extension process?
The United States Department of Agriculture (USDA), specifically its Animal and Plant Health Inspection Service (APHIS), plays a crucial role in the patent term extension process for certain products. According to the MPEP: “The Animal and Plant Health Inspection Service of the United States Department of Agriculture is responsible for assisting the Office in determining…
Read MoreHow is the U.S. Department of Agriculture (USDA) involved in plant patent examinations?
The U.S. Department of Agriculture (USDA) plays a role in plant patent examinations through its Agricultural Research Service (ARS). According to MPEP 1610: “The Office action may include so much of any report of the ARS as the examiner deems necessary, or may embody no part of it. In the event of an interview, the…
Read MoreHow do examiners conduct prior art searches for plant patent applications?
Examiners conduct prior art searches for plant patent applications using various resources. The MPEP § 1608 outlines the process: The prior art considered by the examiner is developed by a search of appropriate subclasses of the United States patent classification system as well as patent and nonpatent literature data bases. This comprehensive approach ensures that…
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