How do examiners conduct prior art searches for plant patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 5 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. 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 examiners consider a wide range of relevant prior art, including: Existing patents in related plant classifications Scientific literature on plant varieties Databases containing information on known plant species and cultivars Additionally, examiners may consult with other government agencies for specialized knowledge: Where appropriate, a report may be obtained from the Agricultural Research Service, Horticultural Research Branch, Department of Agriculture. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Search of US Patent Classification System and Literature Databases Required MPEP 1608 Report from Agricultural Research Service Required When Appropriate MPEP 1608 Permitted Same Examination Process for Plant Applications MPEP 1608 Plant Applications Follow Same Examination Process As National Applications MPEP 1608 Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162 MPEP 1608 Other Related FAQs 3 FAQs Collapse What is the examination process for plant patent applications? Is there any exception to statutory requirements for plant patents? What are the key statutory requirements for plant patent applications?