A plant patent is a type of intellectual property protection that is granted to the inventor of a new and distinct variety of plant. Plant patents are governed by Title 35 of the United States Code, Section 161 (35 U.S.C. § 161).
What types of plants are eligible for plant patent protection?
To be eligible for plant patent protection, a plant must be:
- Asexually reproduced. This means that the plant can be reproduced from a single plant, such as by grafting or cloning.
- Distinct. This means that the plant must be clearly different from any other plant that is already known.
- New. This means that the plant must not have been previously known or sold to the public before the date of the application for the plant patent.
- Useful. This means that the plant must have some practical use, such as for food, ornamental purposes, or agriculture.
What are the benefits of obtaining a plant patent?
There are several benefits to obtaining a plant patent, including:
- The exclusive right to make, use, sell, and offer to sell the patented plant.
- The right to prevent others from making, using, selling, or offering to sell the patented plant without your permission.
- The right to import patented plants into the U.S.
- The right to license others to make, use, sell, or offer to sell the patented plant.
How do I obtain a plant patent?
To obtain a plant patent, you must apply with the United States Patent and Trademark Office (USPTO). The application must include a description of the plant, as well as drawings of the plant. You must also pay a filing fee.
The USPTO will review your application and determine if it meets all of the requirements for plant patent protection. If your application is approved, you will be issued a plant patent.
If you are interested in obtaining a plant patent, you should contact a registered patent attorney. A registered patent attorney can help you determine if your plant is eligible for patent protection and can assist you in filing the necessary application with the USPTO.
