How should color be claimed in plant 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.
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.