What is a plant patent?

A plant patent is a type of patent granted by the United States Patent and Trademark Office (USPTO) that gives its owner exclusive rights to a new, asexually-propagated variety of plant. This type of patent is available in South Carolina and is meant to protect the inventor from others using or selling their unique plants. The process of obtaining a plant patent is similar to other patents, but there are some unique features. A person must first file an application with the USPTO and then prove that their plant is new, distinct, and asexually reproduced. If the plant meets specific criteria, then the USPTO will grant the patent. It is important to note that only certain types of plants may be eligible for a plant patent. For instance, the USPTO generally excludes naturally occurring plants and plants found in the wild. Furthermore, the patentee must be able to show that their plant was discovered or developed by them and has not been previously disclosed to the public. A plant patent serves to grant the patentee exclusive rights to their new variety of plant. This means that other people are not allowed to use or reproduce the plant without the patentee’s permission. For the life of the patent, which can be up to 20 years, the patentee will have legal protection to their invention.

Related FAQs

What is a non-provisional patent?
Can I patent a living organism?
What are the requirements for patentability?
What is an inventor's declaration?
What is a ‘patent marking’?
What is a reissue patent?
What is a patent bar?
Can I patent a business method?
How do I apply for a patent?
What are the requirements to obtain a patent?

What is a plant patent?

Related FAQs

Related Blog Posts