What is the difference between primary and secondary classifications for plant patent applications?
The MPEP distinguishes between primary and secondary classifications for plant patent applications as follows:
- Primary Classification:
“The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide.”
- Secondary Classification:
“A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary)…”
While an application can only have one primary classification, it may have multiple secondary classifications. Primary classifications reflect the main invention, while secondary classifications capture additional inventive aspects or important disclosures.
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