Plant patent applications now available as submission type in Patent Center
 On May 4, 2020, in response to the COVID-19 pandemic, the United States Patent and Trademark Office (USPTO) began permitting the filing of plant patent applications and follow-on documents via USPTO patent electronic filing systems (now Patent Center) on a temporary basis as an “extraordinary situation” within the meaning of 37 CFR 1.183.
In light of stakeholder feedback, as of May 24, 2024, Nonprovisional Plant Applications under 35 USC 161 has been added in Patent Center as a new submission type. Plant patent applications submitted in Patent Center should be filed under this submission type. Plant applications should continue to be submitted in accordance with 37 CFR 1.163. Follow-on documents may be filed in Patent Center under existing submission types.
The May 4, 2020 notice described requirements (1)-(5), which were developed to facilitate the USPTO’s identification of plant patent applications and follow-on documents. Plant patent applications filed in Patent Center using the new submission type should not identify the submission as a utility application, as set forth in requirement (3).
Patent Center’s modern architecture allows for continuous enhancements to meet stakeholder needs. For guidance using Patent Center and for other valuable resources visit the Patent Center information page.
For assistance, questions, or feedback, please contact eMod@uspto.gov.
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