What is the claim structure for a plant patent?
The claim structure for a plant patent is unique compared to utility patents. According to MPEP 1605 and 37 CFR 1.164:
“The claim shall be in formal terms to the new and distinct variety of the specified plant as described and illustrated, and may also recite the principal distinguishing characteristics. More than one claim is not permitted.”
Key points about plant patent claims:
- Only one claim is allowed
- The claim should be directed to the entire plant
- It should reference the description and illustrations
- Principal distinguishing characteristics may be included
An example of a proper claim provided in the MPEP is: “A new and distinct variety of hybrid tea rose plant, substantially as illustrated and described herein.”
It’s important to note that method claims are not permitted in plant patent applications.
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