MPEP § 1608 — MPEP § 1608
Current through: 2022-07-01

1608-Examination 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1600 

 Section 1608 
 

 
 
 
 
 
 1608 Examination [R-11.2013]

 Plant applications are subject to the same examination process as any
 other national application. As such, the statutory provisions with regard to patentable
 subject matter, utility, novelty, obviousness, disclosure, and claim specificity
 requirements apply ( 35 U.S.C. 101 , 102 , 103 , and
 112 ). The sole exception in terms of applicability of these statutory
 provisions is set forth in 35 U.S.C. 162 .
 

 The prior art considered by the examiner is developed by a search of
 appropriate subclasses of the United States patent classification system as well as patent
 and nonpatent literature data bases. Where appropriate, a report may be obtained from the
 Agricultural Research Service, Horticultural Research Branch, Department of Agriculture.
 See MPEP §
 1609 .
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 1601-Introduction: The Act, Scope, Type of Plants Covered 

 1602-Rules Applicable 

 1603-Elements of a Plant Application 

 1604-Applicant, Oath or Declaration 

 1605-Specification and Claim 

 1606-Drawings 

 1607-Specimens 

 1608-Examination 

 1609-Report of Agricultural Research Service 

 1610-The Action 

 1611-Issue 

 1612-UPOV Convention 

 1613-Right of Priority Based upon Application for Plant Breeder’s Rights 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:36