How does the USPTO use the Agricultural Research Service (ARS) in examining plant patent applications?
The USPTO may utilize the Agricultural Research Service (ARS) of the U.S. Department of Agriculture during the examination of plant patent applications. According to MPEP 1609:
“Where the examiner considers it necessary to the examination of the plant patent application, a copy of the file and drawing of the application are forwarded to the National Program Leader for Horticultural Crops, Agricultural Research Service (ARS), U.S. Department of Agriculture, along with a request for a report as to whether the plant variety disclosed is new and distinct over known plant varieties.”
This process allows the USPTO to leverage the expertise of the ARS in determining the novelty and distinctness of plant varieties. The report provided by the ARS is advisory in nature and is used by the examiner to inform their action on the application.
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