How should the title of a plant patent be formulated?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
The title of a plant patent should relate to the entire plant and not to its flower or fruit. According to MPEP 1610:
“The title of the invention must relate to the entire plant and not to its flower or fruit, thus: Apple Tree, Rose Plant.”
This guidance ensures that the title accurately represents the subject matter of the plant patent, which is the whole plant rather than just a part of it. For example, use “Apple Tree” instead of “Apple” or “Rose Plant” instead of “Rose Flower.”