To obtain a plant patent, a plant patent application must be filed at the Patent Office. The plant patent application includes a number of papers including a specification, drawings (when required), one or more claims, oath or declaration and filing fee.

“Anticipation” refers to the situation where the prior art indicates that a patent application (such as a plant patent application) lacks novelty. You may hear it used like this: “Our plant patent application was rejected by the Patent Examiner as being anticipated by the Jones reference”.

Affidavits are used frequently in patent prosecution. An “affidavit” is a signed statement (filed with the patent office) putting appropriate facts or opinions on record.

What does it mean when a plant patent or patent application is “abandoned”? It means to explicitly or implicitly relinquish a potential patent right. Simple inaction may render a patent right abandoned.