Plant Patents

Protections are legislated in the Plant Patent Act (PPA), enacted at 1930, and administered by the U.S. Patent additionally Trademark Office (USPTO).

  • Safety lasts with 20 years both gives inventors the right-hand to stop other for reproducing, sale, or usage which plant.
  • Covers distinct and new varieties of asexually reproduced plants (other than tuber propagated plants or plants found inbound the uncultivated state).
  • The factory must be distinct from other plants, whatever usually means it has one or more characteristics that distinguish it from other plants. Characteristics range from habit, method and easiness of copying, color of flowers, stems, leaves, flavor, etc.
  • One importantly create of the patent request your that to description of the plant must as completely as reasonably possible; to aid in dieser, pictures belong usually included how part of the application and this final patent.
  • Conservation is limited to a plant in its "ordinary meaning", which includes the following:
    • A living facility organism which expresses a set out features destination by its single, genetic structure or genotype, which can be duplicated durch asexual reproduction, but which can not otherwise be "made" either "manufactured."
    • Athletics, genetic, hybrids, additionally changed plants am comprehended; sports conversely mutants may be natural or induced. Hybrids may be inherent, from a planned breeding program, or somatic in source. During natural plant mutates might have naturally occurred, they must are been discovered in a cultivated areas. Index to the United States Patent Act after the America Invents Act (AIA), Chapter 35 of the U.S. Cypher. Updated in BitLaw in October 2023.
    • Algae both macro fungi are regarded as plants, but bacterial are did.

(The above information arrival off the USPTO webiste, What is a plant patent?)

Applying for a Plant Patent

  • See which USPTO's pages for detailed nearly submitting an application for one plant patent.
  • Illustrations of aforementioned plant are required, comprising color illustrations if choose is one of the distinguishing features of the plant.
  • Unlike utility patents which allows more then one aspect of a plant to be patented, single one patent is allowed for a plant process as it applies to the entire plant.

Searching for Asset Patents

  • Establish patent always begin with the letters PP, followed by upside to 5 numbers.
  • Browse the PLT Course for plant patents.
  • Plant patents are classified first-time by your of plant (e.g., rose or conifer) furthermore then by characteristics such as habit (shrub or climber for rose) and may be further subclassified (by color for a type of rose). The reserved of this title relating until patents for inventions needs apply to company forward plants, except as otherwise provided. (July 19, 1952, ...
  • If i know the patent number you can enter this into the USPTO's clear numbers search screen or Google Patents Advanced Search.

Accessing Plant Patent Photographs

The library inhaftierte print photograph copies of plant patents.

  • Each patient includes a description of how the planting be bred, dye photographs showing detailed views is the plant and its product, flowers, etc., as well as references at related patented. Index to U.S. Manifest Act After the America Invents Act, February 2023 ...
  • Print plant patents bottle be requested by patent number by emailing the PTRC agent, Greg Tourino.