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Plant Patent filings can now be made Electronically Due to the COVID-19 Outbreak

May 05, 2020
Post by Heidi S. Nebel

Yesterday in a press release, The United States Patent and Trademark Office (USPTO) indicated that it considers the effects of the COVID-19 outbreak to be an "extraordinary situation" and therefore will permit the filing of plant patent applications and follow-on documents via USPTO patent electronic filing systems (EFS-Web or Patent Center).

The requirements for filing plant patent applications and follow-on documents via USPTO patent electronic filing systems include:

  1. The USPTO's transmittal form
  2. The document (Doc Code TRNA) must be selected for in USPTO patent electronic filing systems;
  3. An indication must be made on the appropriate screen that a utility patent application is being filed (there is no option for a plant patent application);
  4. The document description "Drawings-other than black and white line drawings" (Doc Code DRW.NONBW) must be used for the drawings so that they will load into the Supplemental Complex Repository for Examiners (SCORE).

On the Application Data Sheet, "plant" should be selected in the Application Information section and links are provided for the plant-specific USPTO forms.Failure to use these forms may result in a petition being required to correct the application designation.

This waiver is temporary and is effective only until the USPTO provides further notice.

If you have any questions or concerns regarding the submission process, please contact Heidi S. Nebel at 515-288-3667 or email at Heidi.nebel@ipmvs.com.


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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