What constitutes enabling prior art for plant patents?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Enabling prior art for plant patents requires that the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant. The MPEP 2121.03 states: “When the claims are drawn to plants, the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant.” This means that the prior art must provide sufficient information for a skilled plant breeder to grow and cultivate the claimed plant without undue experimentation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reference Must Enable Plant Reproduction MPEP 2121.03 Required Foreign Sales Can Serve As Prior Art for Plant Patents MPEP 2121.03 Prior Art Must Enable Invention for Anticipation MPEP 2121 Publication Identifying Plant with Foreign Sale MPEP 2121.03 Same Disclosure Required for All Prior Art Types MPEP 2121 Required Enabling Disclosure Requirement for Anticipation MPEP 2121 Required No Discrimination Based on Nationality of Prior Art MPEP 2121 Operability Presumption for Anticipatory Prior Art MPEP 2121 Public Domain Reproduction Not Established MPEP 2121.03 Required Foreign Sales Must Be Accessible and Reproducible Without Experimentation MPEP 2121.03 Permitted Other Related FAQs 5 FAQs Collapse How does commercial availability affect plant patent prior art? How do foreign sales affect prior art for plant patents? What is the significance of the In re Elsner case for plant patents? How does the level of skill in the art affect enablement in plant genetics prior art? What role do plant deposits play in establishing enablement for prior art?