From Mary Bellis,
Your Guide to Inventors.
FREE Newsletter. Sign Up Now!

• < 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 - Parts Of The 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).

The components of a plant application are similar to those of a utility application. The specification must contain as full and complete a botanical description as reasonably possible of the plant and the characteristics which distinguish that plant over known, related plants.

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.

Reading issued plant patents will help you write your application. You can use the same method listed above to do part of your search for prior art. Do the steps listed above plus use keywords in TERM 2.

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.

Statement regarding Federally-sponsored research and development (if any)

Latin name of the genus and species of the plant claimed

Variety denomination