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Plant Patents V
The Examination Process.

By , About.com Guide

The patent examiner will examine the scope and contents of the prior art to ascertain any differences between the prior art and the claim at issue and if there are any in fact.

Rejection

If your plant is not novel as defined on the previous page it will rejected. Also, your patent application will be rejected if the prior art indicates that a known method of breeding, such as mutation induction breeding, using known and effective mutagens in dosages known to work, would reasonably be expected to result in mutation in a specific direction and of a specific magnitude, or where the prior art might suggest reasonable results after attempts to alter a plant through known processes. Examples include the tissue culture of diverse genotypes of a chimera to separate the different genotypes, or the application of colchicine to plant cells to double chromosome numbers.

Acceptance

If the application is determined by the examiner to be drawn to a plant which was both novel and unobvious, the application will be allowed by the examiner and a notice of allowance forwarded to the applicant.

If accepted by the examiner, you will be notified to pay an issue fee. Upon payment of the issue fee, the application will be published in due course.

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