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    FAQs Patent Questions

    Patent
    Question: Plant patents are granted to inventors who discovers or reproduces a new variety of plant.

    Answer:

    File a Plant Patent Application - Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.




    Question: The requirements for filing a substitute specification is stated under the 37 CFR 1.125

    Answer:
    When applicants file a substitute specification, the following are required under 37 CFR 1.125: (1) a statement that the substitute specification includes no new matter; (2) a marked-up version of the specification with markings to show all the changes relative to the immediate prior version; and (3) a clean version of the substitute specification.




    Question: Is there any danger that the USPTO will give others information contained in my application while it is pending?

    Answer:
    Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the patent is issued or the application is published. After the application has been published, however, a member of the public may request a copy of the application file.



    Did You Know?

    There is a time limit on patent protection.

    For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.