How does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 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. The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences: For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64 . For applications filed before September 16, 2012: The declaration must comply with pre-AIA 37 CFR 1.63 . In both cases, the additional requirements specific to plant patents (asexual reproduction and, if applicable, discovery in a cultivated area) still apply. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Declaration Required for Plant Patents Filed After September 16, 2012 MPEP 1604 Permitted Requirement for Patent Applications Filed on or After September 16, 2012 MPEP 1604 Joint Inventors for Plant Patents MPEP 1604 Definition of Inventors for Plant Patents MPEP 1604 Joint Inventors for Plant Patents MPEP 1604 Permitted Oath Must State Asexual Reproduction of Plant MPEP 1604 Required Asexual Reproduction Performed by Custom Propagation Service Not Considered Joint Inventors MPEP 1604 Permitted Not Applicable to Post-AIA Patent Applications MPEP 1604 Application Copy Must Comply With Filing System MPEP 1121 Application Must Comply with Electronic Filing System MPEP 1121 Other Related FAQs 5 FAQs Collapse Can there be joint inventors for a plant patent? What additional statement is required for newly found plants in a plant patent application? How does a plant patent application differ from other types of patent applications? What are the required elements of a plant patent application? What form can be used for a plant patent application declaration?