What is the examination process for plant patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 Related FAQs 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. Plant patent applications undergo the same examination process as other national applications. The MPEP § 1608 states: Plant applications are subject to the same examination process as any other national application. This means that examiners assess plant patent applications for statutory requirements including: Patentable subject matter Utility Novelty Non-obviousness Disclosure Claim specificity These requirements are outlined in 35 U.S.C. 101 , 102 , 103 , and 112 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Examination Process for Plant Applications MPEP 1608 Plant Applications Subject to Same Examination Process as Other National Applications Except for 35 U.S.C. 162 MPEP 1608 Plant Applications Follow Same Examination Process As National Applications MPEP 1608 Search of US Patent Classification System and Literature Databases Required MPEP 1608 Report from Agricultural Research Service Required When Appropriate MPEP 1608 Permitted Patentable Subject Matter Must Fall Within Four Categories MPEP 2106.03 Patent Eligible Subject Matter for Genetically Engineered Organisms MPEP 2105 Clarify Rejection for Non-Statutory Subject Matter MPEP 2106.07(c) Requirement for Useful Invention Under 35 U.S.C. 101 MPEP 2107.01 Required Review Procedure for Utility Requirement MPEP 2107 Required Other Related FAQs 3 FAQs Collapse How do examiners conduct prior art searches for plant patent applications? Is there any exception to statutory requirements for plant patents? What are the key statutory requirements for plant patent applications?