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.
Under the UPOV Convention requirements, a plant patent application must include specific information. The MPEP states: Pursuant to 37 CFR 1.76(b)(3), the Latin name and the variety denomination for the plant claimed may be included in an application data sheet (ADS).
Additionally, the application must include a proposed variety denomination, which will be evaluated by the examiner. If this information is missing, the examiner may use Form Paragraph 16.05 to object to the disclosure: The disclosure is objected to under 37 CFR 1.121(e) because no “variety denomination” of the instant plant has been set forth in the disclosure. 37 CFR 1.163(c)(4). Correction by adding such a name is required.