What is a plant patent?

Posted by Frederic Douglas | Apr 26, 2023 | 0 Comments

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.

About the Author

Frederic Douglas

Frederic M. Douglas is an attorney practicing IP litigation. (949) 293-0442 @PhredDouglas In 1996, Mr. Douglas graduated from the University of California, Berkeley with a Bachelor of Science degree in chemical engineering. In 1999, he received his Juris Doctorate degree from the University of...

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