---
kind: "section"
citation: "35 U.S.C. § 162"
title: "35"
title_heading: "Patents"
number: "162"
heading: "Description, claim"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/35/162"
units:
  - "Part II — Patentability of Inventions and Grant of Patents"
  - "Chapter 15 — Plant Patents"
---

# §162. Description, claim


No plant patent shall be declared invalid for noncompliance with [section 112](/usc/35/112.md) 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 credit

(July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

## Notes

### Historical and Revision Notes

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

### Editorial Notes

### Amendments

2011—Pub. L. 112–29 struck out “of this title” after “112”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.