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How To Helpful Tips For Getting Your Application For A Plant Patent Approved

From Mary Bellis,
Your Guide to Inventors.
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A plant patent is a patent issued for newly invented strains of asexually reproducing plants. Below you will find helpful hints to get your application for a plant patent approved.
Difficulty: N/A
Time Required: Variable

Here's How:

  1. Make every attempt not to present a name for the plant which has already been used or is confusingly similar to a plant of the same market or botanical class. Search old catalogs and available international register listings before assigning a name to a plant.
  2. File all drawings in duplicate. Be sure that two formally mounted sets of drawings accompany the application when filed, and that these are of reasonable fidelity to the specified colors of the plant. Be sure that the scale and clarity of the drawings are appropriate to allow for adequate reproduction even if reduced in scale upon publishing. Include a transmittal sheet which itemizes the contents of the application as filed.
  3. File each individual application in a separate envelope, and be sure to include all of the parts of each application in the same envelope. Request that a filing receipt bearing the serial number of the application be returned to applicant.
  4. Model the application after a patent of acceptable format and content which describes a plant which is related to or in the same market class as the claimed plant, if one is available.
  5. Check that the oath or declaration is that required for a plant patent application. Ensure that the oath or declaration has been signed and permanent ink or its equivalent, and is signed no earlier than three months prior to the filing of the application. Check that the mailing address of the inventor(s) is/are correct and complete.
  6. Where color is a distinguishing characteristic of the plant, specify the color of the plant as defined by reference to an established color dictionary which is recognized in this country.
  7. Be sure that drawings filed are complete, correctly mounted, and reasonably correspond with the colors of the plant which are specified and to the true and characteristic plant coloration.
  8. Include the appropriate filing fee with the application to avoid processing delays.
  9. Direct pre­examination questions concerning the application to the Examiner, by telephone, to expedite prosecution. Include a current telephone number with all correspondence with the USPTO

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