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Rule 105 Requirements in Plant Patent Applications

Rule 105 Requirements in Plant Patent Applications. Bruce Campell Supervisory Patent Examiner Art Unit 1661 703-308-4205 Bruce.Campell@uspto.gov. Why is a rule 105 requirement for information made?.

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Rule 105 Requirements in Plant Patent Applications

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  1. Rule 105 Requirements in Plant Patent Applications Bruce Campell Supervisory Patent Examiner Art Unit 1661 703-308-4205 Bruce.Campell@uspto.gov

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

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

  4. 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. 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." In re LeGrice 301 F.2d 929, 133 USPQ 365 (CCPA 1962)

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

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

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

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