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