MPEP 1600

Plant Patents

Quick Statistics:

Number of Pages:  13 pgs
Sections:  1601 – 1613

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:

Plant PatentDrawingsUPOV Convention

37 CFR (Code of Federal Regulations):

37 CFR 1.163Specification and arrangement of application elements in a plant application.
37 CFR 1.165Plant drawings.

35 USC (United States Code):

35 USC 161Patents for plants.
35 USC 162Description, claim.

Free Video Series: Starting a Career in Patent Law and Passing the Patent Bar Exam.

Get the video series + receive study tips, special offers, and exam updates in our weekly newsletter.

    We won't send you spam. Unsubscribe at any time.