What constitutes enabling prior art for plant patents?

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.