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8 Cards in this Set

  • Front
  • Back
What are the rights associated with a plant patent?
right to exclude others from asexually reproducing the plant, and from
using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the U.S., or from importing the plant so reproduced, or any parts thereof, into the U.S.
What is the patent term for a plant patent?
A plant patent issuing from an application filed after June 7, 1995 has a term which expires 20 years after the filing date of the application
Is the Plant Patent Act an exclusive form of protection?
No, an asexually reproduced plant may also be protected under 35 U.S.C. 101
What types of plants are patentable?
asexually propagated plants (do not reproduce through seeds)
What types of plants are NOT patentable?
tuber propogated plants
May bacteria be patented with a plant patent?
No, bacteria are excluded b/c plant is defined in the ordinary and accepted sense (not scientific sense)
What order should the elements of a plant patent application appear?
(1) Plant application transmittal form
(2) Fee transmittal form
(3) Application data sheet
(4) Specification
(5) Drawings (in duplicate)
(6) Executed oath or declaration
Should a specimen be submitted with a plant patent application?
Only if requested by the examiner

NOTE: if specimen cannot be submitted, plants must be available for official inspection where grown