How to Get a Plant Patent

BACKGROUND OF THE INVENTION

Field of the Invention The field of the invention is intended to identify the botanical and market class of the invention, and to reflect how the plant will be used.

This section should indicate the botanical name of the plant by genus and species, and should state the market class of the plant.

Description of relevant prior art including information disclosed under rules 1.97 & 1.99. Here, the parents of the claimed plant, or the known plants to which the claimed plant is related are discussed.

Frequently the parent plant or plants are identified in this section and are described as to their most important or distinguishing characteristics. The claimed plant may be compared to the parent plant or plants in this section. If the parent plants are not known, the probable parent plants may be indicated.[] It is appropriate in this section to indicate how the plant was attained and to detail the necessary averments to how and where the plant has been asexually reproduced.

This section must also include a positive statement that the clones or propagules of the claimed plant are identical to the original plant in all distinguishing characteristics so as to establish that the claimed plant is stable.

• Example

BRIEF DESCRIPTION OF THE PHOTOGRAPHS (or DRAWINGS)

Under this heading a separate brief description should be presented to describe the contents of each view or figure of the drawing or photograph. The drawing in a plant patent must show the plant with the most distinguishing characteristics of the plant in sufficient scale to be identifiable when reduced by as much as 50%. Drawings should be photographic, and must be in color where coloration is a distinguishing characteristic. Where characteristics of foliage, bark, flowers and/or fruit are distinguishing, such plant parts should be clearly depicted in one or more figures of drawing. Figures of the drawing need not be numbered unless specifically required by the examiner. Drawings must be mounted to satisfy the same requirements as drawings in a utility application.

• Example
  BRIEF DESCRIPTION OF THE PHOTOGRAPHS

Previous

• 1
• 2
• 3
• 4
• 5

Next