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Rule 105 Requirements in Plant Patent Applications Bruce Campell Supervisory Patent Examiner Art Unit 1661 703-308-4205

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Presentation on theme: "Rule 105 Requirements in Plant Patent Applications Bruce Campell Supervisory Patent Examiner Art Unit 1661 703-308-4205"— Presentation transcript:

1 Rule 105 Requirements in Plant Patent Applications Bruce Campell Supervisory Patent Examiner Art Unit

2 n Why is a rule 105 requirement for information made?

3 n Typically to ask when, if ever, a plant variety was placed in the public domain by offer for sale or or other public use. n This information is germane because...

4 n Printed publications are usually not enabled prior art under 35 U.S.C. 102(b) if the disclosed plant variety was not available to one skilled in the art.

5 n A printed publication anticipates a claim if it discloses the claimed invention "such that a skilled artisan could take its teachings in combination with his own knowledge of the particular art and be in possession of the invention." n In re LeGrice 301 F.2d 929, 133 USPQ 365 (CCPA 1962)

6 n A printed publication can be an enabling disclosure if the disclosed plant variety is available to one skilled in the art. n Ex parte Thomson 24 USPQ2d 1618 (B.P.A.I. 1992)

7 Examples of printed publications which could trigger a rule 105 requirement n Plant Breeder’s Right or Plant Variety Protection applications or grants disclosed in the UPOV database n Catalogs with unclear release dates (“Fall 1998,” “1998/1999,” etc.) n “Preview” type articles disclosing an anticipated release date

8 When is a Rule 105 request utilized ? n When there is evidence suggesting that the claimed plant variety may have been in the public domain.


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