How does the issue process for plant patent applications differ from other patent applications?

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.

The issue process for plant patent applications is largely similar to other patent applications, with one key exception. According to MPEP 1611, “The preparation of a plant patent application for issue involves the same procedure as for other applications ( 37 CFR 1.161 ), with the exception that where there are color drawings, the better one of the two judged, for example, by its sharpness or cleanliness is selected to be printed in the patent.“

This means that while most of the process is identical, special attention is given to the selection of color drawings in plant patent applications to ensure the highest quality representation of the plant invention in the issued patent.