PLANT PATENTS

A plant patent is a set of exclusive rights granted by the U.S. government to an inventor or assignee for a twenty years (from the earliest filing date) in exchange for detailed public disclosure of the invention. The rights granted to a plant patentee inlcude the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States.

REQUIREMENTS

  1. New (not newly found)

  2. Non-existing in nature

  3. Asexually reproduced (can also be reproduced sexually)

  4. Cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state

INFRINGEMENT

To infringe a plant patent, an infringer must not merely copy, sell, or use the plant, the infringer must use, offer for sale, sell a plant or any part of a plant reproduced from stock obtained from, either directly or indirectly from the patentee.


YOUR QUESTIONS…

1.     How long does it take for a plant patent to issue?

2.    Can I claim patent pending status when I file a plant patent?

3. Does someone have to use my exact plant to infringe my design patent?


OUR ANSWERS…

 We provide a comprehensive set of services related to the creation, exploitation, and protection of patent portfolios.  Many patent prosecution services are offered on a flat fee basis.

  1. It takes only about 1 year for a plant patent to issue. Utility patents take an average of 36 months to issue into patents.

  2. Yes. You can claim patent pending status based on your plant patent application.

  3. Yes. Infringing a plant patent requires use of the patentee’s plant to produce at least part of an infringing plant.