(2013, 05). Plans legaldictionary.lawin.org Accessed January 10, 2022 by legaldictionary.lawin.org/plant/ Help gather and organize enough information to prepare a plant patent application. Patents on plants that are stable and reproduce by asexual reproduction, and not on a potato or other edible tuberous plant, are provided for in 35 U.S.C. ยง 161, which states: Make every effort not to give a name to a plant that has already been used or is confusingly similar to a plant in the same market or Same botanical class. Search old catalogues, the International Union for the Protection of New Varieties (UPOV) variety database for www.upov.int and other available international register entries before naming a plant. Those seeking a plant patent should be aware that they can pursue their applications through the services of a licensed patent attorney or attorney. If the applicant is the assignee (legal person), it is necessary to use a patent attorney. Although the USPTO does not assist in selecting an attorney/agent, a person seeking to obtain a phytosanitary patent should choose an attorney/attorney registered with the USPTO. With few exceptions, a plant patent application is subject to the same requirements as a declaration of use. Title 37 of the Code of Federal Regulations, Section 1.163(a), requires that the specification contain as complete and complete a botanical description as possible of the plant and the characteristics that distinguish that plant from known and related plants.
The elements of an attachment application are similar to those of a utility application and are covered by the following guidelines, which illustrate the preferred presentation and content for patent applications. It is proposed to use these guidelines for a plant patent application: (i) Detailed botanical description of the plant. This section should contain a complete botanical description of the claimed plant. The specification of genus, species, and market class can begin with this section, and the parents of the claimed plant can be indicated in the first part of this section. The mode of growth of the plant should be described in terms of the shape of the plant at maturity and branching port. The properties of the hibernating plant should be described in detail, if necessary. A complete botanical description of the bark, buds, flowers, leaves and fruits should be part of the revelation. Characteristics of plants which do not require a definitive written description or which cannot be clearly demonstrated shall be taken into account in detail in this part of the application. These include fragrance, taste, disease resistance, productivity, precocity and vitality. Even if the characteristics are well represented, the botanical characteristics must be described in terms of content.
The descriptions in this section should be botanical in nature and refer to the art of the plant. The details in this section should be sufficient to prevent others from trying to patent the same plant at a later date, simply by describing the plant in more detail and asserting that the original patent did not specify the properties described in more detail. This publication provides a basic overview of plant patents and aims to: The information contained in this publication is adapted and limited to asexually reproduced plant patents. Although the USPTO accepts supply requests that have claims to plants, seeds, genes, etc., such a practice is beyond the scope of this publication. For general information about utility model practice, call the USPTO Inventor Support Center at 1-800-786-9199 or contact a licensed attorney or patent agent. Intellectual property protection for seed-propagated plant varieties that are not utility models is available from the USDA Office of Plant Variety Protection, Washington, D.C., which should be contacted for information on intellectual property protection for these patent-free varieties. (h) Brief description of the drawing. Under this heading, a separate brief description should be provided to describe the contents of each view or illustration in the drawing. The design in a plant patent must show the plant with the most characteristic characteristics of the plant on a scale sufficient to be identifiable if it is reduced by up to 50%. Drawings must be photographic and must be in colour, colouring being a distinguishing feature. If the characteristics of the foliage, bark, flowers and/or fruits differ, these parts of the plant must be clearly represented in one or more drawing figures.
Check if the oath or declaration is required for a plant patent application. Make sure that the oath or declaration has been signed and that there is durable ink or equivalent ink and that it is signed no earlier than three months before the application is filed. Check that the mailing address of the inventor(s) is correct and complete. The expression used in Rule 26(4)(a) EPC “the indication of the characteristics resulting from a specific genotype or combination of genotypes” means the integral constitution of a plant or a set of genetic information. In contrast, a plant defined by unique recombinant DNA sequences is not a single group of plants to which an entire constitution in the above sense can be attributed. A plant thus defined is not a concrete living being or a group of concrete living beings, but an abstract and open definition comprising an indeterminate number of individual units defined by a part of its genotype or by a characteristic conferred on it by that part (G 1/98, T 189/09, T 547/10). A phytosanitary patent application statement, Form PTO/AIA/09, may be used to file a statement in a phytosanitary patent application filed on or after September 16, 2012. Such oath or declaration may be filed at any time at or after the filing of the application, but not later than the date on which the fee for issue is paid. The first step is the discovery stage, where a new plant is identified. This step could be carried out in any growing area. This could include the identification or recognition of an out-of-type plant in a monoculture of a known variety, or the identification of a spontaneous or induced desirable mutant. Or it could result from the identification or recognition of an exceptional individual within the offspring of a cross made as part of a planned breeding program.
That the invention would not have been obvious to someone who has an ordinary person skilled in the art on the actual filing date of the claimed plant invention. The following provision is preferable for formulating the description and, with the exception of the title of the invention, each of the labeled subject matter must be preceded by the following headings, which are appropriate to the patent application for a plant filed under 35 U.S.C. 161: A living plant organism that has a number of characteristics that are distinguished by its genetic constitution or genotype that can be duplicated by asexual reproduction, but which cannot be otherwise “produced” or “produced”. (d) Latin name of the genus and species of the claimed plant. As stated in the last paragraph of the Statute, the plant patent must also meet the general requirements of patentability. The object of the application would be a plant developed or discovered by the inventor and found to be stable by asexual reproduction. To be patentable, it is also necessary: If color is a distinctive feature of the plant, indicate the color of the plant as defined by reference to an established color dictionary recognized in that country. Model the application based on a patent of acceptable form and content describing a plant related to the claimed plant or belonging to the same market class as the claimed plant, if available. g) Summary of the invention. The Summary section presents the main characteristics of the plant, and they can be presented in the form of a list of new traits or a narrative description of the plant character(s) that distinguish the plant from all other plants in the botanical class and market class of the plant.
That the plant is not listed in a U.S. patent or published patent application, with some exceptions; Plant drawings are usually photographic, but can also be featured in other media, such as permanent watercolor representations that accurately represent the appearance of the plant. These drawings are not mechanical drawings and must be artistic and competent in their execution. It is not necessary to use illustrations and reference signs unless specifically requested by the examiner. The drawing must reveal all visually recoverable distinguishing signs of the plant. Detailed standards for drawings are set forth in 37 C.F.R. 1.84 (www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html). When preparing a plant patent application, all parts of the plant must be carefully observed during at least one growth cycle and these observations recorded in detail.
Recent Comments