What is a plant patent?

A plant patent is a type of patent that is granted by the United States Patent and Trademark Office (USPTO) to an inventor of a new asexually reproduced variety of plant. This includes flowers, shrubs, trees, and any other type of plant that can be reproduced from clippings, cuttings, or grafts. In order to receive a plant patent, the plant must be one of a kind with distinct characteristics that differentiate it from any other variety of plant. To receive a plant patent in Utah, the inventor must first file a written application with the USPTO. The application must include a detailed description of the plant, as well as any other relevant information regarding its propagation and breeding. The application must also include drawings of the plant for further illustration. Once the application is submitted, the USPTO will evaluate the application and determine if the plant is eligible for a patent. If the plant patent is granted, the inventor gains the exclusive right to reproduce, use, and sell the variety of plant. This means that, for a period of time, only the inventor can benefit commercially from the patent. This exclusive right is valid for a period of 20 years, after which the patent will expire and the plant variety will be available to the public.

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What is a plant patent?

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