Are plant specimens required for plant patent applications?
Plant specimens are not automatically required for plant patent applications. However, as stated in MPEP 1607, “The applicant may be required to furnish specimens of the plant, or its flower or fruit, in a quantity and at a time in its stage of growth as may be designated, for study and inspection.” This means that the examiner may request specimens if they are needed for proper examination of the application.
It’s important to note that specimens should not be submitted unless specifically requested by the examiner. The MPEP clearly states: “Specimens of the plant variety, its flower or fruit, should not be submitted unless specifically called for by the examiner.“
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