US PATENT CLASS PLT
Class Notes
Current as of: June, 1999
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DEFINITION
Classification: PLT/
This is the class for plants which are patentable under Title 35 U.S. Code, Section 161, which provides for the granting of a patent to whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings other than a tuber propagated plant or a plant found in an uncultivated state.
LINES WITH OTHER CLASSES
II. LINES WITH OTHER CLASSES AND WITHIN THIS CLASS
In order to be properly classified, a patent or publication is placed in the first appearing of a series of coordinate subclasses which includes the subject matter of the patent or publication. Thus, a patent describing a plant which is both a conifer and a shrub is classified as a conifer rather than a shrub. A patent not fitting the description of any of the first line subclasses is classified in miscellaneous subclasses elsewhere. (See Subclass References to the Current Class, below.)
A subclass which is positioned one indent to the left of one or more following subclasses is considered to be the residual (miscellaneous) subclass for that group of subclasses. Thus, the subclass titled Shrubs or vines, includes those shrubs or vines which are not azaleas or rhododendrons, barberries, buddleias, etc., while the subclass titled Camellia, includes those camellias which are neither pink nor red. (See Subclass References to the Current Class, below.)
Subclasses in this class have been created based on the commercial or market class in which the plants are normally found. For example, though a tomato is botanically a fruit, it is sold as a vegetable, therefore making classification proper for the vegetable area rather than the fruit area. Though some varieties of philodendron may grow as a vine, it is normally sold with the ornamental foliage plants and therefore is classified in that area rather than with the vines and shrubs. (See Subclass References to the Current Class, below.)
If a plant is noted for its flowers and its foliage, it will normally be classified with the ornamental flowering plants since those subclasses appear in the schedule prior to the ornamental foliage subclasses. Whether a plant is noted for its foliage or its flowers may sometimes be a subjective decision. When in doubt, look at the subclass definitions for guidance.
The color definitions given herein are substantially those found in Webster's New International Dictionary, Second Edition, Unabridged, published by G.C. Merriam Co., Springfield, MA. Each color definition refers to one or more plant patents so that the blossoms of the plant patents themselves comprise a kind of color chart to illustrate the words of the definitions. The color designations apply to the color of the blossom when it is newly open and in an unfaded condition, i.e., not in bud or in full bloom. The color designation in the patent specification is the color used to determine placement of patents. The effects of light and shadow should be discounted when determining the true color of a blossom for purposes of classification. Also, the color at the base of the petal should be disregarded except where a two-tone or bicolor effect is quite obvious.
All the color designations refer to solid colors unless clearly indicated otherwise. Thus, considering the group of climbing roses, a striped or bicolor rose would not be proper for any of the indented subclasses but would be placed in the miscellaneous subclass for climbing roses. In determining whether or not a blossom has a solid color, the appearance of the flower as a whole is the proper criterion. Minor flecks and gradations of color should be disregarded. However, both faces of all petals must be substantially the same color. (See References to the Current Class, below.)
SEE OR SEARCH THIS CLASS, SUBCLASS:
109, for climbing roses.
156+, for fruit.
213, for a plant classified as a conifer.
226, for a plant classified as a shrub.
226, for shrubs or vines which are not azaleas or rhodendrons, barberries, buddleias, etc.
243, for camellias which are neither pink nor red.
258, for vegetable.
373+, for ornamental foliage plants.
395, for miscellaneous. REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
800, Multicellular Living Organisms and Unmodified Parts Thereof and Related Processes,
295+, for living multicellular plants and separated or severed parts thereof that have not undergone any modification or treatment subsequent to their separation (e.g., untreated seeds, etc.).