◆ Make every attempt not to present a name for the plant that has already been used or is confusingly similar to a plant of the same market or botanical class. Search old catalogs and available international register listings before assigning a name to a plant.

◆ File all drawings (and photos) in duplicate. Be sure that two sets of drawings (the USPTO no longer accepts mounted drawings) accompany the application when filed, and that these are of reasonable fidelity to the specified colors of the plant. Be sure that the scale and clarity of the drawings are appropriate to allow for adequate reproduction, even if reduced in scale upon publishing.

◆ Include a transmittal sheet that itemizes the contents of the application as filed.

◆ File each individual application in a separate envelope, and be sure to include all the parts of each application in the same envelope. Request that a filing receipt bearing the serial number of the application be returned to you.

◆ Model the application after a recent patent of acceptable format and content that describes a plant related to or in the same market class as the claimed plant, if one is available.

◆ Check that the oath or declaration is required for a plant patent application. Ensure that you’ve signed the oath or declaration in permanent ink. Check that your mailing address is correct and complete.

◆ Where color is a distinguishing characteristic of the plant, specify the color of the plant as defined by reference to an established color dictionary (e.g., Pantone) recognized in this country. The color reference most commonly used is the Royal Horticulture Society of England Colour Chart (RHS Colour Chart).

◆ Be sure any drawings filed are complete, are correctly mounted, and reasonably correspond with the colors of the plant that are specified and the true and characteristic plant coloration.

◆ Include the appropriate filing fee with your application, to avoid processing delays.

◆ Direct preexamination questions concerning the application to the examiner, by telephone, to expedite prosecution.

◆ Include your current telephone number with all correspondence.