Public Law 119-73 (01/23/2026)

35 U.S.C. § 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.

July 19, 1952, ch. 95066 Stat. 804Pub. L. 112–29, § 20(j)125 Stat. 335(, ; , , .)

Historical and Revision Notes

Mar. 3, 1915, ch. 94, § 138 Stat. 958May 23, 1930, ch. 312, § 246 Stat. 376Based on Title 35, U.S.C., 1946 ed., § 33, part (R.S. 4888, amended (1) , , (2) , ).

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

Pub. L. 112–292011— struck out “of this title” after “112”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .