What information must be included about the location where a plant was discovered?
For newly discovered plants, the patent application must provide information about the location where the plant was found. According to MPEP 1605 and 37 CFR 1.163(a):
“For a newly found plant, the specification must particularly point out the location and character of the area where the plant was discovered.”
Key points to include:
- Specific location where the plant was discovered
- Character of the area (e.g., wild, cultivated, urban, rural)
- Any relevant environmental factors that may have influenced the plant’s development
Failure to include this information may result in an objection to the disclosure. The MPEP provides Form Paragraph 16.10 for examiners to use when objecting to applications that lack this information:
“The disclosure is objected to under 37 CFR 1.163(a) because the specification does not particularly point out the location and character of the area where the plant was discovered.”
Providing accurate and detailed information about the plant’s discovery location is crucial for completing the plant’s history and distinguishing it from other varieties.
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