MPEP § 1609 — MPEP § 1609
Current through: 2022-07-01

1609-Report of Agricultural Research Service 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1600 

 Section 1609 
 

 
 
 
 
 
 1609 Report of Agricultural Research Service [R-01.2024]

 
 35 U.S.C. 164 
 Assistance of Department of Agriculture. 

 The President may by Executive order direct the Secretary of
 Agriculture, in accordance with the requests of the Director, for the purpose of
 carrying into effect the provisions of this title with respect to plants (1) to furnish
 available information of the Department of Agriculture, (2) to conduct through the
 appropriate bureau or division of the Department research upon special problems, or (3)
 to detail to the Director officers and employees of the Department.
 

 

 
 37 CFR 1.167 Examination. 

 Applications may be submitted by the Patent and Trademark Office to the
 Department of Agriculture for study and report.
 

 

 The authority for submitting plant applications to the Department of
 Agriculture for report is given in:
 

 
 Executive Order No. 5464, October 17, 1930. Facilitating the consideration of
 applications for plant patents. 

 I, Herbert Hoover, President of the United States of America, under the
 authority conferred upon me by act of May 23, 1930 (Public No. 245) [now
 35 U.S.C.
 164 ], entitled “An act to provide for plant patents,” and by
 virtue of all other powers vested in me relating thereto, do hereby direct the Secretary
 of Agriculture: (1) to furnish the Commissioner of Patents such available information of
 the Department of Agriculture, or (2) to conduct through the appropriate bureau or
 division of the department such research upon special problems, or (3) to detail to the
 Commissioner of Patents such officers and employees of the department, as the
 Commissioner may request for the purpose of carrying said act into effect.
 

 
 Where the examiner considers it necessary to the examination of the plant
 patent application, a copy of the file and drawing of the application are forwarded to the
 National Program Leader for Horticultural Crops, Agricultural Research Service (ARS), U.S.
 Department of Agriculture, along with a request for a report as to whether the plant
 variety disclosed is new and distinct over known plant varieties. As the report is merely
 advisory to the Office, it is placed in the file but is not given a paper number. The copy
 of the report is customarily utilized by the examiner in the preparation of an action on
 the application.
 

 The report may embody criticisms and objections to the disclosure, may
 offer suggestions for correction of such, or the report may merely state that:
 

 
 “Examination of the specification submitted indicates that the variety
 described is not identical with others with which our specialists are familiar.” 
 

 
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 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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 03/09/2026 20:49:27