MPEP 1600

Plant Patents

Brief Summary:

This chapter provides an overview of plant patents. Note that these patents will only be granted for certain plants.

One of the major criteria for a plant patent is that the plant must reproduce asexually. Asexual plants are reproduced by making a cutting, layering, grafting, or inarching. In addition, claims for plant patents will not be granted for a new variety of fruit or flower, only for a new and distinct variety of plant.

Key Terms:

DrawingsDrawings are visual representations included in a patent application to illustrate the invention, providing clarity and aiding in the understanding of the invention’s structure and operation.
Plant PatentGrants exclusive rights to an inventor who has discovered or invented a new and distinct variety of plant, allowing them to exclude others from reproducing, selling, or using the plant for a period of time.
UPOV ConventionThe UPOV Convention is an international treaty that establishes a system for the protection of new varieties of plants, ensuring that plant breeders’ rights are recognized and safeguarded across member countries.

37 CFR (Code of Federal Regulations):

37 CFR 1.163 – Specification and arrangement of application elements in a plant application.
37 CFR 1.163 requires that a plant patent application includes a specification with a detailed botanical description, drawings or photographs of the plant, and claims, arranged in a specific order.
37 CFR 1.165 – Plant drawings.
37 CFR 1.165 mandates that plant patent applications include drawings or photographs that clearly depict the distinctive characteristics of the plant, showing the plant in its entirety and any unique features.

35 USC (United States Code):

35 USC 161 – Patents for plants.
35 USC 161 allows for the granting of patents to anyone who invents or discovers and asexually reproduces a distinct and new variety of plant, subject to the conditions and requirements of patentability.
35 USC 162 – Description, claim.
35 USC 162 requires that plant patent applications include a complete description of the plant and at least one claim, with the description being as complete as reasonably possible.

Quick Statistics:

Number of Pages:  13 pgs
Sections:  1601 – 1613

List of Sections:

1601Introduction: The Act, Scope, Type of Plants Covered
1602Rules Applicable
1603Elements of a Plant Application
1604Applicant, Oath or Declaration
1605Specification and Claim
1606Drawings
1607Specimens
1608Examination
1609Report of Agricultural Research Service
1610The Action
1611Issue
1612UPOV Convention
1613Right of Priority Based upon Application for Plant Breeder’s Rights

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