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1604    Applicant, Oath or Declaration [R-11.2013]

37 C.F.R. 1.162  Applicant, oath or declaration.

[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]

The inventor named for a plant patent application must be the person who has invented or discovered and asexually reproduced the new and distinct variety of plant for which a patent is sought. The inventor's oath or declaration, in addition to the averments required by § 1.63 or § 1.64, must state that the inventor has asexually reproduced the plant. Where the plant is a newly found plant, the inventor's oath or declaration must also state that it was found in a cultivated area.

37 C.F.R. 1.162 (pre-AIA).   Applicant, oath or declaration.

[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]

The applicant for a plant patent must be the person who has invented or discovered and asexually reproduced the new and distinct variety of plant for which a patent is sought (or as provided in §§ 1.42, 1.43 and 1.47). The oath or declaration required of the applicant, in addition to the averments required by § 1.63, must state that he or she has asexually reproduced the plant. Where the plant is a newly found plant, the oath or declaration must also state that it was found in a cultivated area.

The inventor's oath or declaration, in addition to the averments required by 37 CFR 1.63 or 37 CFR 1.64, (or, for applications filed before September 16, 2012, pre-AIA 37 CFR 1.63) must state that the inventor has asexually reproduced the plant. Where the plant is a newly found plant, the inventor's oath or declaration must also state that it was found in a cultivated area.

A Plant Patent Application (35 U.S.C. 161) Declaration, Form PTO/AIA/09, may be used to submit a declaration in a plant application filed on or after September 16, 2012.

In an application for a plant patent, there can be joint inventors. See Ex parte Kluis, 70 USPQ 165 (Bd. App. 1945).

Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.63) (Form PTO/AIA/09)
Declaration - Plant Patent Application (Page 2)
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Last Modified: 03/27/2014 10:10:33