Chapter 1600
Chapter 1600 covers plant patents which protect asexually reproduced distinct plant varieties. Key rules: only ONE claim permitted, tuber-propagated plants like potatoes are excluded, and plant patents do NOT require maintenance fees.
Core Concepts
Plant Patent Basics — 35 USC 163 / MPEP 1601 Protects asexually reproduced distinct and new varieties of plants. Asexual reproduction: grafting, budding, cuttings, layering — NOT by seeds. Excludes tuber-propagated plants (potatoes, Jerusalem artichokes) and plants found in uncultivated state.
Single Claim — MPEP 1605 Plant patent has exactly ONE claim: "A new and distinct variety of [plant] substantially as described and illustrated." Drawings are essential — must show distinctive characteristics.
Disclosure Requirements — MPEP 1605 Must describe plant in full, clear, concise terms — enough to distinguish from related varieties. Must describe at least one distinguishing characteristic. Latin name of genus and species required. Common name and variety denomination required.
Plant Variety Protection — MPEP 1601 Plant patents (USPTO): asexual reproduction only. Plant Variety Protection Act (USDA): sexually reproduced plants (seeds). Different systems — plant patent requires USPTO filing; PVP requires USDA filing.
Term — MPEP 1606 20 years from filing date. No maintenance fees. Same term as utility patent.
Key Rules
EXAM TIP
Two exclusions to memorize: (1) tuber-propagated plants are excluded from plant patent protection; (2) plants found in uncultivated state are excluded. These are the two most tested plant patent limitations.
Common Traps
Search Terms
Want to study each section in depth?
Create a free account to access all MPEP sections, ~50 practice questions, and a full exam simulation.