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…
Read MoreHow does the UPOV Convention affect plant patent examination in the US?
The UPOV Convention generally does not affect the examination of plant patent applications in the United States, with one notable exception. The MPEP states: Application of the UPOV Convention in the United States does not affect the examination of plant patent applications, except in one instance. It is now necessary as a condition for receiving…
Read MoreWhat information must be included in a plant patent application under UPOV?
Under the UPOV Convention requirements, a plant patent application must include specific information. The MPEP states: Pursuant to 37 CFR 1.76(b)(3), the Latin name and the variety denomination for the plant claimed may be included in an application data sheet (ADS). Additionally, the application must include a proposed variety denomination, which will be evaluated by…
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