How should the origin or parentage of a plant variety be described in a patent application?
Describing the origin or parentage of a plant variety is a crucial aspect of a plant patent application. The MPEP 1605 provides guidance on this matter:
“The specification should also include the origin or parentage and the genus and species designation of the plant variety sought to be patented.”
When describing the origin or parentage, consider including:
- The method of breeding (e.g., controlled cross-pollination, mutation breeding, genetic engineering)
- The parent plants used in breeding, if known
- The timeline of development
- Any significant selection criteria used during the breeding process
- Information about the original discovery, if the plant is a naturally occurring mutation
- The location where the plant was first identified or developed
Providing a clear and detailed account of the plant’s origin helps establish its novelty and distinguishes it from existing varieties. It also aids in understanding the plant’s genetic background, which can be valuable for future research and development in the field.
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