37 CFR 1.162 (pre-AIA) — Applicant, oath or declaration
Ninth Edition, Revision 01.2024
[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]
Cited authority
- 35 U.S.C. 111 Application
- 35 U.S.C. 363 International application designating the United States: Effect
- 37 CFR 1.42 (pre-AIA) When the inventor is dead
- 37 CFR 1.43 (pre-AIA) When the inventor is insane or legally incapacitated
- 37 CFR 1.47 (pre-AIA) Filing when an inventor refuses to sign or cannot be reached
- 37 CFR 1.63 (pre-AIA) Oath or declaration
- 37 CFR 1.162 Applicant, oath or declaration