How does the UPOV Convention affect plant patent examination in the US?
The UPOV Convention generally does not affect the examination of plant patent applications in the United States, with one notable exception. The MPEP states: Application of the UPOV Convention in the United States does not affect the examination of plant patent applications, except in one instance. It is now necessary as a condition for receiving a plant patent to register a variety denomination for that plant.
This means that plant patent applicants must include a variety denomination in their application, which will be evaluated by the examiner according to UPOV Convention, Article 13.
To learn more: