Title 35, PatentsRelease 119-102
§162 Description, Claim
Title 35 › PART II — PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › CHAPTER 15 — PLANT PATENTS › § 162
Summary
Reasonably complete descriptions keep plant patents from written‑description invalidation; claims must match the plant shown.
Full Legal Text
Title 35, §162
Patents, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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 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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 162
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102