What are the key statutory requirements for plant patent applications?
Plant patent applications must meet several key statutory requirements, as outlined in MPEP § 1608. The manual states: As such, the statutory provisions with regard to patentable subject matter, utility, novelty, obviousness, disclosure, and claim specificity requirements apply (35 U.S.C. 101, 102, 103, and 112).
These requirements include:
- Patentable Subject Matter: The plant must be eligible for patent protection under 35 U.S.C. 101.
- Utility: The plant must have a specific, substantial, and credible utility.
- Novelty: The plant variety must be new as defined in 35 U.S.C. 102.
- Non-obviousness: The plant must be non-obvious to a person skilled in the art, as per 35 U.S.C. 103.
- Disclosure: The application must provide a clear and complete description of the plant, as required by 35 U.S.C. 112.
- Claim Specificity: The claims must particularly point out and distinctly claim the subject matter of the invention.
Meeting these requirements is crucial for obtaining a plant patent.
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