35 U.S.C. § 162

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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.

35 U.S.C. § 162

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

HISTORICAL AND REVISION NOTESBased 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

AMENDMENTS2011- Pub. L. 112-29 struck out "of this title" after "112".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2011 AMENDMENTAmendment 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.