What should the claim language focus on in a plant patent application?
In a plant patent application, the claim language must be directed to the “new and distinct variety of plant.” The MPEP 1610 states:
“This is important as under no circumstance should the claim be directed to a new variety of flower or fruit in contradistinction to the plant bearing the flower or the tree bearing the fruit.”
For example, if the application is for a new apple tree variety, the claim should refer to the tree itself, not just the apple fruit. An examiner may amend a claim from “A new variety of apple” to “A new variety of apple tree” to ensure proper focus on the entire plant.
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