- < Introduction: What is a plant patent? What does it mean to invent a plant?
- < Requirements: What is asexual reproduction?
Correspondence
New patent applications should be mailed to:Commisioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
How to Get a Patent - Application
The elements of the plant application (if applicable) should appear in the following order:- Plant application transmittal form
- Fee transmittal form
- Application data sheet or ADS
- Specification
- Drawings (in duplicate)
- Executed oath or declaration (without ADS) or declaration (with ADS).
Writing the Specification
Part of a patent application, the specification is where the inventor specifies, describes, illustrates, and discloses the invention in so much detail that an experienced person could understand and that invention (plant).Currently there are no preset forms for your specification, you must write and correctly format (i.e. margins, paper size) the pages for your patent application on your own. See - Correct Format For All Patent Application Pages
Hot Tip
Read a few plant patents that have already been granted. Use the USPTO's quick search.- in TERM 1: type 6
- in FIELD 1: select Application Type
- Hit search and you will get a list of plant patents.
Arranging Your Specification
The following arrangement is preferred in framing the specification and, except for the title of the invention, each of the lettered items should be preceded by the headings indicated below. Reference law 161 & rule 1.163.
Title of the Invention
The title of the invention may include an introductory portion stating the name, citizenship, and residence of the applicant.The title of the invention must include the name of the claimed plant. The name of the plant is to be used for international recognition and identification of the plant, and must fall within the requirement of the International Code of Nomenclature for Cultivated Plants. The name of the plant will be placed between two single quotation marks to indicate which word or words in the title constitutes the plant name.
- Example
Double Impatiens plant named 'Didi Salmon Two'
Cross-Reference to Related Applications - (if any, unless included in an application data sheet)
- Related applications could include:
- A utility application from which the claimed plant is the subject of a divisional application.
- A continuation (co-pending, newly filed application) or CPA to the same plant filed when a parent application has not been allowed to a sibling cultivar.
- An application not co-pending with an original application which was not allowed.
- Co-pending applications to siblings or similar plants developed by the same breeding program, etc.
