0
35 U.S.C. § 162 — Description, claim
submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 38 words · no verdicts yet
in plain englishAI-generated · not legal advice
A plant patent isn't invalid just because the description could be more complete. The description only needs to be as complete as is reasonably possible. The patent claim must formally describe the plant that's shown and described.
This section relaxes the normal description requirement for plant patents.
Normally, section 112 sets a standard for a patent's written description, and failing that standard can make a patent invalid. This section says a plant patent will not be declared invalid for failing to meet section 112, as long as the description is as complete as is reasonably possible — recognizing that describing a living plant may be harder than describing other inventions.
The claim in the specification — the formal legal statement of what is patented — must be in formal terms, and must match the plant shown and described in the patent.
the actual law source: uscode.house.gov ↗public domain
No plant patent shall be declared invalid for noncompliance with section 112 if the description is as complete as is reasonably possible.
The claim in the specification shall be in formal terms to the plant shown and described.
Source credit: (July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
history & why it existsrecord from the source credit
- 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 804
- 2011Amended · Pub. L. 112-29 · 125 Stat. 335
A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case