United States Code/Title 35/Chapter 15/Section 162

by the United States Government

Section 162. Description, claim

No plant patent shall be declared invalid for noncompliance with section 112 of this title 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.

Source

(July 19, 1952, ch. 950, 66 Stat. 804.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., Sec. 33, part (R.S. 4888, amended (1) Mar. 3, 1915, ch. 94, Sec. 1, 38 Stat. 958, (2) May 23, 1930, ch. 312, Sec. 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.