How are plant patent application publications classified?
Plant patent application publications are classified using a primary classification and may also receive secondary classifications. The MPEP provides the following guidance:
“Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications.”
The primary classification is based on the application’s main inventive concept, using the claim as a guide. Secondary classifications are based on other inventive concepts or valuable disclosures.
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