37 CFR 1.163: Specification and arrangement of application elements in a plant application

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.163    Specification and arrangement of application elements in a plant application.

  • (a) The specification must contain as full and complete a disclosure as possible of the plant and the characteristics thereof that distinguish the same over related known varieties, and its antecedents, and must particularly point out where and in what manner the variety of plant has been asexually reproduced. For a newly found plant, the specification must particularly point out the location and character of the area where the plant was discovered.
  • (b) The elements of the plant application, if applicable, should appear in the following order:
    • (1) Plant application transmittal form.
    • (2) Fee transmittal form.
    • (3) Application data sheet (see § 1.76 ).
    • (4) Specification.
    • (5) Drawings (in duplicate).
    • (6) The inventor's oath or declaration (§ 1.162 ).
  • (c) The specification should include the following sections in order:
    • (1) Title of the invention, which may include an introductory portion stating the name, citizenship, and residence of the applicant.
    • (2) Cross-reference to related applications (unless included in the application data sheet).
    • (3) Statement regarding federally sponsored research or development.
    • (4) Latin name of the genus and species of the plant claimed.
    • (5) Variety denomination.
    • (6) Background of the invention.
    • (7) Brief summary of the invention.
    • (8) Brief description of the drawing.
    • (9) Detailed botanical description.
    • (10) A single claim.
    • (11) Abstract of the disclosure.
  • (d) The text of the specification or sections defined in paragraph (c) of this section, if applicable, should be preceded by a section heading in upper case, without underlining or bold type.
[24 FR 10332, Dec. 22, 1959; para. (b), 48 FR 2713, Jan. 20, 1983, effective Feb. 27, 1983; paras. (c) and (d) added, 61 FR 42790, Aug. 19, 1996, effective Sept. 23, 1996; para. (b) revised, 62 FR 53131, Oct. 10, 1997, effective Dec. 1, 1997; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b)(6) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]