In the United States, a plant patent is a property right that protects asexually-reproduced plant varieties, including many ornamental plants, trees, vines, and fruit plants.
A plant patent is a patent like any other, except that it applies to new plants' varieties. Based on the U.S. Plant Patent Act of 1930, revised in 1995, plant patents are valid for a period of 20 years from the date of filing. A plant patent exclude others from making, using, offering for sale or selling the protected plant, or any of its parts, throughout the United States.
Who can file for a U.S. plant patent?
In the United States, any person who invents or discovers and asexually reproduces the new plant, may file for a U.S. Plant Patent
When do I need to file a U.S. plant patent application?
a U.S. Plant Patent application must be filed within one year of the first sale, offer for sale or public availability of the plant.
What do you need to file a U.S. plant patent application?
After you have identified a brand new plant as being the subject of a U.S. Plant Patent application as well as the inventor(s) of the new plant, you will have to collect the data for the new plant itself. When filing a plant patent application, the application includes:
1. A comprehensive botanical description for the new plant.
2. The new plant's breeding history, the location where the new plant was developed, and identification of the original parental lines (if known).
3. Comparisons of the new plant with both of the parental lines (if available) and with similar varieties that are available to the public.
4. At least one photo of the new plant showing the unique aspects of the new plant.
How long does it take to receive a granted U.S. plant patent?
In most cases, it will take between 12 to 18 months to receive a granted U.S. Plant Patent.
How is a protected plant labeled?
The correct marking of the protected plant variety is very important. "PPAF" is a notation that is used with a pending (i.e., already filed) U.S. Plant Patent application. It should be used on any websites, brochures, labels, containers or any other written materials. After the application has been granted a U.S. Plant Patent, the following notation is used for example, U.S. PP##,###, where "##,###" is the plant patent number given by the United States Patent and Trademark Office.
Protecting new plants is crucial for business operations as the horticulture industry becomes increasingly competitive. Probably the most successful businesses are those that develop a detailed intellectual property strategy for the protection of their new plant material. By timely identifying new plants for protection, keeping track of potential deadlines, and efficiently gathering information for a U.S. Plant Patent application, a business can quickly develop a strong intellectual property portfolio that will protect its new plants, while also potentially increasing the value of the business.
Patents and Trademarks
Nearly 28 million small business owners in the united states and over 22 million are running their own business. The latest technology has made it easier for individuals to run their own company without hiring a lot of employees, thereby eliminating overhead and excessive payroll costs.
Over half of the working human population (120 million people) will work in a small company. Presently there are a number of people that are employed in small businesses only waiting to gain enough capital to begin their very own business. The freedom of having your own business means you can work when you want on your own schedule rather than punching a time clock for an employer. You can work as much or as little as you like as long as you can make a profit in your business.
To create a company image or brand, the first thing that most people think about is the business name and the trademark symbol usually associated with it. The business name should be unique and should meet all the necessary requirements that the registration office will allow. However, the trademark is another story. You have to register your business trademark with the United States Patent and Trademark Office.
Like the business name, the trademark should be unique and should meet the criteria for qualifications to get it approved. However, you have to consider that the business name itself can also be your trademark symbol, just make sure that the lettering and also the business name is unique.
If you have a patent then it may be wise to file your patent as soon as possible. The new law says that the first person to file is the person who is able to go out and market the invention first.
You have to realize the fact that registering your business name as well as the trademark symbol is very important. This is the logo that separates one company manufacturer from the other. It prevents confusion among consumers on which products to buy. For example, if you are looking for a pair of Nike tennis shoes, you look for the Nike logo which is the "check" sign usually associated in the tags and even put in the products. You identify that the shoes are authentic by the trademark symbol.
By registering your trademark with the Patent and Trademark Office, you can be sure that no other companies will try to use your trademark symbol as it makes it illegal for them to use without your permission. You should consider the fact that it is included in the intellectual property rights. Even the design of the product cannot be copies if you copyright the design with the Patent and Trademark Office.
If you register your business name and trademark, you will have exclusive use for it and will not allow other companies to put in your trademark and business name in their products just to make it sell. Since no one will be able to use the business name and the trademark of your company, you can be sure that your company’s reputation is protected.
It is also recommended that you should register your trademark as soon as possible in order to claim it first and avoid others from claiming your trademark as their own by registering it at the Patent and Trademark Office. However, you can temporarily copyright your trademark symbol via the poor man's copyright. To protect your trademark symbol through a poor man's copyright, all you need to do is enclose a copy of the design in an envelope and mail it to yourself. When the mail arrives, you will notice that there are stamps in it as well as the date received and delivered in it. Leave the envelope unopened and when someone claims it in the Patent and Trademark Office, you can present the unopened envelope to the Patent and Trademark Office. The PTO personnel will open the envelop and examine the trademark design in it.
You have to consider that registering your trademark will take some time to get approval. This is why you should considering hiring a lawyer that specializes in the patent and trademark law as well as the anti-piracy and intellectual property law. They will be able to help you with the different paperwork associated in filing a trademark registration. They will also examine your trademark symbol and make some recommendations in design changes if anything needs to be changed.
These are the things you need to consider when applying for a trademark registration with the Patent and Trademark Office. Remember this and you can be sure that you will protect your trademark as well as the reputation of your company.
Patents and Trademarks
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