2021 US Code
Title 35 - Patents
Part II - Patentability of Inventions and Grant of Patents
Chapter 15 - Plant Patents
Sec. 162 - Description, claim

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Citation 35 U.S.C. § 162 (2021)
Section Name §162. Description, claim
Section Text

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.

Source Credit

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

Editorial Notes 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.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 35 - PATENTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 35 - PATENTS
PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 15 - PLANT PATENTS
Sec. 162 - Description, claim
Contains section 162
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 38 Stat. 958
46 Stat. 376
66 Stat. 804
125 Stat. 335
Public Law References Public Law 112-29
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