CLAIM
A plant patent is limited to one claim. The claim shall be in formal terms to the plant as shown and described, as the claim is statutorily drawn to the plant as a whole. The claim may also make reference to one or more of the unusual characteristics of the plant, but may not claim parts or products of the plant. The claim must be in single sentence form.- Example
1. A new and distinct cultivar of Double Impatiens plant named 'Didi Salmon Two', as illustrated and described.
ABSTRACT OF THE DISCLOSURE
The abstract is a brief description of the plant and of the most notable or novel and important characteristics of the claimed plant. Preferably, the description of the plant will be a condensed review or presentation of the most distinguishing characteristics of the plant.- Example
A new and distinct cultivar of Double Impatiens plant named 'Didi Salmon Two', characterized by its compact, upright, outwardly spreading and mounded plant habit; freely branching growth habit; dark green-colored leaves; freely flowering habit; and light red-colored flowers that are fully double and positioned above and beyond the foliage.
SUMMARY OF THE INVENTION
In the Summary section, the major characteristics of the plant are set forth, and they may be presented as a list of novel characteristics, or by a narrative description of the trait or traits of the plant which set the plant apart from all other plants of the botanical class and the market class of plant.OATH or DECLARATION
The applicant (or applicants) for a plant patent must be the person (or persons) who has (or have) invented or discovered and asexually reproduced the new and distinct variety of plant for which the patent is sought. In addition to the averments required for a utility application's oath or declaration, those applying for a plant patent must also state that applicant(s) has or have asexually reproduced the plant. If the plant is a newly found plant, the oath or declaration must also state that the plant was found in a cultivated area.Applicants must sign and date an oath or declaration in permanent ink no more than three months prior to filing of the application. The applicant's post office address must be provided on this document.
- Forms
Executed oath or declaration (without ADS) or declaration (with ADS).
Drawings or Photographs
Plant drawings are normally photographic, but may be presented in other mediums, such as in permanent water color renderings, which faithfully present the appearance of the plant. Such drawings are not mechanical drawings and should be artistic and competent in their execution. Figure numbers and reference characters need not be used unless specifically required by the examiner. The drawing must disclose all of the distinctive characteristics of the plant which are capable of visual representation.Drawings may be in color. Where color is a distinguishing characteristic of the new plant, the drawing must be in color. The colors depicted must correspond with their respective color designations set forth in the specifications defined in a recognized color dictionary which is specifically identified in the specification. Two copies of color drawings must be submitted. Color drawings may be made either in permanent water color or oil.
Photographs or permanently mounted color photographs are acceptable. The paper used in mounting plant drawings, in any case, must correspond in sizes, weight and quality to the paper required for other drawings, i.e., in a utility application. The margin requirements of drawings are also the same as with other patent drawings. See - Drawing Standards - The Rules For Patent Drawings
Drawings requirements will be strictly adhered to because the claim incorporates the drawing by reference. The claim can not be allowed until drawings have been approved by the Official PTO Draftsperson.
