How should color be claimed in plant patent applications?
Claiming color in plant patent applications is an important aspect of describing the unique characteristics of a new plant variety. According to MPEP 1606:
“Color may be a distinguishing characteristic of the new variety, and color drawings are normally required. Color must be described in the specification by reference to a specific color as defined by a recognized color dictionary or color chart.”
To properly claim color in a plant patent application:
- Use specific color references from recognized color dictionaries or charts
- Include detailed color descriptions in the specification
- Provide color photographs or drawings that accurately represent the plant’s colors
- Ensure consistency between the color descriptions and the visual representations
It’s crucial to be precise in color descriptions, as they form a key part of the plant’s distinguishing characteristics.
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