Are plant specimens required for plant patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Specimens Must Be Provided for Study and Inspection MPEP 1607 Required Specimens Not Required Unless Called For MPEP 1607 Recommended Specimens Required for Filing MPEP 1607 Permitted Applicant Can Withdraw Patent Application Request At Any Time MPEP 101 Permitted Access to Published Patent Application Files Required MPEP 102 Required Patent Application Confidentiality Requirement MPEP 101 Access to Published Abandoned Patent Application Files MPEP 101 Required Access to Published Abandoned Patent Application Files MPEP 102 Required Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Patent Application Confidentiality Requirement MPEP 101 Required Other Related FAQs 3 FAQs Collapse What is 37 CFR 1.166 and how does it relate to plant patent specimens? What is Form Paragraph 16.13 in plant patent examination? What are the requirements for submitting plant specimens to the USPTO?