What is a Plant Patent


You have come to the right place if you are looking for information on how to acquire a plant patent! Intellectual Pats is committed to supplying both information and a service that can connect our visitors with a patent attorney or patent licensing specialist.

Before beginning, it is crucial to know exactly what specifically a patent is. A patent is a property right for an innovation given by a government to an inventor. A United States patent offers inventors the right to exclude others from making, utilizing, marketing, or offering their invention in the United States or importing it into the United States, for a statutory timeframe (generally 20 years), in exchange for public disclosure of the creation at the expiration of the patent.

There are 3 type of patents: utility patents (the most common), design patents, and plant patents (the least common).

A plant patent is provided by the federal government to an innovator (or the innovator’s beneficiaries) that has in fact developed or uncovered and asexually recreated a brand-new and distinct range of plant, besides a root propagated plant or a plant discovered in an uncultivated state. The grant, which lasts for twenty years from the day of filing the application, protects the developer’s right to exclude others from asexually replicating, selling, or using the plant.

The best ways to Patent a Plant

Similar to the other patents, plant patents have various qualifications and a lengthy 13-step patent application process. Making use of a patent attorney, commonly called a patent agent, can eliminate the tension and huge quantities of time determining features and researching, drafting, and submitting the patent application. Before we enter into more information about patent attorneys, here is a list of demands for plant patents:

  • That the plant was invented or uncovered and, if uncovered, that the discovery was made in a cultivated location.
  • That the plant is not a plant which is prohibited by law.
  • That the individual or individuals submitting the application are those who in fact established the claimed plant; i.e. discovered or developed and identified or isolated the plant, and asexually replicated the plant.
  • That the plant be revealed to differ from other understood and related relevant plants by a minimum of one distinguishing function, which is more than a difference developed by enhancing conditions or fertility levels, and so on.

Learn more from the USPTO: General Information About 35 U.S.C. 161 Plant Patents.

Exactly what Can a Patent Agent Do for You?

A patent attorney has a specialized set of abilities and education in patent laws and process. Intellectual Pats refers only patent attorneys that have experience with finishing the patent application process. They will likewise have the ability to advise you on which patent you ought to attempt to get, the lawful needs of that patent, and if a provisional or non-provisional patent would work best for your situation. Intellectual Pats has a comprehensive network of patent, intellectual property licensing and business attorneys that are able to help you with the patent process. Secure a free 15 minute consultation with an attorney today, and experience how we are able to help you to get your patent!