Frank asked the following: A plant patent application requires designation of a "market class". It is clear in a general sense what that means. However, is there some official listing of official classes adopted by some agency or other organization that designates standard market classes?Frank I have not found any such list outside of the USPTO, however, all the market class examples I have come across, all seem to be common sense familiar names. According to the USPTO, "Subclasses in this class [PLT] have been created based on the commercial or market class in which the plants are normally found [hence - USPTO has written the market class list]. For example, though a tomato is botanically a fruit, it is sold as a vegetable, therefore making classification proper for the vegetable area rather than the fruit area. Though some varieties of philodendron may grow as a vine, it is normally sold with the ornamental foliage plants and therefore is classified in that area rather than with the vines and shrubs."
If you take a look at the USPTO subclasses for plants and examine flowering plants, you see that most of the subclasses aka "market class" are colors, which makes sense as consumers often buy flowering plants based on color.
Another example would be wheat. Durum wheat grain is used primarily to make semolina flour which is the basis for pasta production. Wheat is thus categorized into five main market classes. They include the four common wheat classes: hard red winter, hard red spring, soft red winter, and white. Durum is the fifth market class. Additional significant classes include the utility wheats and extra strong wheats. Three market classes of fieldbeans are: navy, pinto, and, kidney.
- From - Definition of Plant Class
This is the class for plants which are patentable under Title 35 U.S. Code, Section 161, which provides for the granting of a patent to whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings other than a tuber propagated plant or a plant found in an uncultivated state.
LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
II. LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
In order to be properly classified, a patent or publication is placed in the first appearing of a series of coordinate subclasses which includes the subject matter of the patent or publication. Thus, a patent describing a plant which is both a conifer and a shrub is classified as a conifer rather than a shrub. A patent not fitting the description of any of the first line subclasses is classified in miscellaneous subclasses elsewhere.
A subclass which is positioned one indent to the left of one or more following subclasses is considered to be the residual (miscellaneous) subclass for that group of subclasses. Thus, the subclass titled Shrubs or vines, includes those shrubs or vines which are not azaleas or rhododendrons, barberries, buddleias, etc., while the subclass titled Camellia, includes those camellias which are neither pink nor red.
Subclasses in this class have been created based on the commercial or market class in which the plants are normally found. For example, though a tomato is botanically a fruit, it is sold as a vegetable, therefore making classification proper for the vegetable area rather than the fruit area. Though some varieties of philodendron may grow as a vine, it is normally sold with the ornamental foliage plants and therefore is classified in that area rather than with the vines and shrubs.
If a plant is noted for its flowers and its foliage, it will normally be classified with the ornamental flowering plants since those subclasses appear in the schedule prior to the ornamental foliage subclasses. Whether a plant is noted for its foliage or its flowers may sometimes be a subjective decision. When in doubt, look at the subclass definitions for guidance.
The color definitions given herein are substantially those found in Webster's New International Dictionary, Second Edition, Unabridged, published by G.C. Merriam Co., Springfield, MA. Each color definition refers to one or more plant patents so that the blossoms of the plant patents themselves comprise a kind of color chart to illustrate the words of the definitions. The color designations apply to the color of the blossom when it is newly open and in an unfaded condition, i.e., not in bud or in full bloom. The color designation in the patent specification is the color used to determine placement of patents.
The effects of light and shadow should be discounted when determining the true color of a blossom for purposes of classification. Also, the color at the base of the petal should be disregarded except where a two-tone or bicolor effect is quite obvious.
All the color designations refer to solid colors unless clearly indicated otherwise. Thus, considering the group of climbing roses, a striped or bicolor rose would not be proper for any of the indented subclasses but would be placed in the miscellaneous subclass for climbing roses. In determining whether or not a blossom has a solid color, the appearance of the flower as a whole is the proper criterion. Minor flecks and gradations of color should be disregarded. However, both faces of all petals must be substantially the same color.
USPTO Drawing: The first plant patent issued to H.F. Bosenberg for a climbing or trailing rose.
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