Description, claim

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2023 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 15 - PLANT PATENTS Sec. 162 - Description, claim From the U.S. Government Publishing Office, www.gpo.gov

§162. Description, claim

No plant patent shall be declared invalid for noncompliance with section 112 if the description is as complete as is reasonably possible. The claim in the specification shall be in formal terms to the plant shown and described.

(July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)

Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §33, part (R.S. 4888, amended (1) Mar. 3, 1915, ch. 94, §1, 38 Stat. 958, (2) May 23, 1930, ch. 312, §2, 46 Stat. 376). The first paragraph is the provision in R.S. 4888 (see section 112). The second paragraph is not in the statute but represents the actual practice.

Editorial Notes

Amendments 2011—Pub. L. 112–29 struck out "of this title" after "112".

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.