Legal Definitions - plant patent

A plant patent is a type of patent granted by the USPTO for a plant that is invented or discovered and asexually reproduced. This means that the plant is propagated without the use of fertilized seeds to ensure an exact genetic copy of the original plant. The patent lasts for 20 years from the date of filing the application.

For example, if a plant breeder creates a new variety of rose by taking a cutting from an existing rose plant and rooting it to produce a new plant, they can apply for a plant patent to protect their invention. The patent would give them exclusive rights to sell, use, and reproduce the new rose variety for 20 years.

It's important to note that plant patents are different from other types of patents, such as utility patents, which can protect plants with utility functions like seeds or genes. Plant patents only apply to asexually reproduced plants that are invented or discovered.

One special aspect of a plant patent is that the inventor must not only invent or discover the plant, but also asexually reproduce the plant. Some methods of asexual reproduction include rooting cuttings, tissue culture, and bulbs.

Plant patents do not require a maintenance fee from the patent holder to stay in force for the entire 20-year period.