What are the required elements of a plant patent application?
A plant patent application consists of several required elements, as outlined in 37 CFR 1.163(b). These elements should appear in the following order:
- Plant application transmittal form
- Fee transmittal form
- Application data sheet (see § 1.76)
- Specification
- Drawings (in duplicate)
- The inventor’s oath or declaration (§ 1.162)
As stated in the MPEP, “An application for a plant patent consists of the same parts as other applications.” For more detailed information on specific components, refer to:
- MPEP § 1604 for the inventor’s oath or declaration
- MPEP § 1605 for the specification and claim
- MPEP § 1606 for drawings
To learn more: