2015 US Code
Title 35 - Patents (Sections 1 - 390)
Part II - Patentability of Inventions and Grant of Patents (Sections 100 - 212)
Chapter 15 - Plant Patents (Sections 161 - 164)
Sec. 162 - Description, claim

View Metadata
Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 35 - PATENTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 35 - PATENTS
PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 15 - PLANT PATENTS
Sec. 162 - Description, claim
Containssection 162
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawYes
Dispositionstandard
Source CreditJuly 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 112-29, §20(j), Sept. 16, 2011, 125 Stat. 335.
Statutes at Large References38 Stat. 958
46 Stat. 376
66 Stat. 804
125 Stat. 335
Public and Private LawsPublic Law 112-29

Download PDF


35 U.S.C. § 162 (2015)
§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.

AMENDMENTS

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

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.

Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.