What is a plant patent?

A plant patent is a form of intellectual property protection in North Carolina granted to an inventor or discoverer of a new, distinct, and asexual variety of plants. Plant patents are issued by the US Patent and Trademark Office (USPTO). The purpose of the patent is to protect the inventor’s rights to exclusive control over the asexual propagation and commercial use of the plant invention, essentially giving them the exclusive right to produce, sell, or use the plant variety. To be awarded a plant patent, the inventor must show that their new plant variety is distinct, uniform, and stable. The inventor must also have asexually propagated the new plant. This means that they have to have reproduced the plant using a method of asexual propagation, such as grafting, cutting, tissue culture, or other acceptable methods. Plant patents grant the patent owner the right to exclude other people from reproducing, selling, or using the patented plant. Because of this, plant patent holders may have an advantage in the commercial market. Plant patents are valid for up to 20 years, depending on the filing date. During the patent term, the patentee must actively use the plant, or else the patent may be revoked. Plant patents are effective in North Carolina, as well as in the rest of the United States.

Related FAQs

What is a non-obviousness rejection?
What is the Patent Cooperation Treaty (PCT) system?
How long does a patent last?
What if someone else has a similar invention?
What is the Patent Prosecution Highway (PPH)?
Is it possible to patent a website?
What is the process of patent examination?
Can I patent a process?
What is a PCT application?
What is a patent business plan?

What is a plant patent?

Related FAQs

Related Blog Posts