What is the legal basis for claiming priority on a U.S. plant patent application?
The legal basis for claiming priority on a U.S. plant patent application based on a foreign plant breeder’s rights application is established in U.S. patent law. Specifically, it is grounded in 35 U.S.C. 119(f), which extends the right of priority to plant patent applications.
According to MPEP 1613:
“Pursuant to 35 U.S.C. 119(f), an application for a plant patent may rely upon an application for plant breeder’s rights filed in a WTO member country (or in a foreign UPOV Contracting Party) for priority under 35 U.S.C. 119(a) through (c).”
This provision allows plant patent applicants to benefit from the same priority rights as utility patent applicants under 35 U.S.C. 119(a) through (c), but specifically for plant-related inventions. It ensures that plant breeders who have sought protection in other countries can secure their rights internationally while pursuing a U.S. plant patent.
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