37 CFR 1.162 — Applicant, oath or declaration
Statute text
Copy text37 CFR · MPEP Appendix R (Revision 01.2024)
37 CFR 1.162 — Applicant, oath or declaration.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]
The inventor named for a plant patent application must be the person who has invented or discovered and asexually reproduced the new and distinct variety of plant for which a patent is sought. The inventor’s oath or declaration, in addition to the averments required by § 1.63 or § 1.64 , must state that the inventor has asexually reproduced the plant. Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ * The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.162 (pre-AIA) for the rule otherwise in effect.]
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Prior version
1.162 (pre-AIA) Applicant, oath or declaration.
[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]
The applicant for a plant patent must be the person who has invented or discovered and asexually reproduced the new and distinct variety of plant for which a patent is sought (or as provided in §§ 1.42 , 1.43 , and 1.47 ). The oath or declaration required of the applicant, in addition to the averments required by § 1.63 , must state that he or she has asexually reproduced the plant. Where the plant is a newly found plant the oath or declaration must also state that it was found in a cultivated area.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983]
[*See § 1.162 for more information and for the rule applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012]
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