What is a plant patent?

A plant patent is a type of patent that is granted to an individual, or inventor, for creating a new asexually-reproducing plant variety. A plant variety is a plant that is either new, distinct, uniform, and stable, or a product of a sexual cross that has been deliberately created by the inventor. Asexually-reproducing plants are plants that reproduce through methods other than the traditional sexual means, such as seeds, bulbs, and cuttings. The plant patent gives the inventor exclusive rights to the plant variety for a period of twenty years. In California, plant patent rights are secured with a filing at the United States Patent and Trademark Office (USPTO). This filing is done in accordance with the federal patent laws. The USPTO will examine the filing to make sure it meets the necessary requirements and standards before issuing a patent. With a patent, the inventor is granted exclusive rights to commercially use the plant variety; prevent others from using it; and sell, distribute, or give it away. Plant patenting is important because it provides incentives to inventors and breeders to create new plants with desirable characteristics. It also encourages the development of new technologies and investments in agricultural research. Plant patents can also allow plant breeders to be rewarded for their efforts and help them to better protect their intellectual property.

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What is a plant patent?

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