What are the requirements for an inventor’s oath or declaration in a plant patent application?

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.

For plant patent applications, the inventor’s oath or declaration must include specific statements in addition to the standard requirements. According to MPEP 1604:

• The inventor must state that they have “asexually reproduced the new and distinct variety of plant for which a patent is sought.”
• If the plant is newly found, the declaration must also state that “it was found in a cultivated area.”

These requirements are in addition to the standard averments required by 37 CFR 1.63 or 37 CFR 1.64.