Plant Patents

Plant patents are a relatively rare, specialized type of patent for protecting new and non-obvious species of plants. They are available to those who invent or discover and asexually reproduce any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly cultured seedlings. However, a tuber propagated plant or a plant found in an uncultivated state is not patentable. Published applications and issued patents may be viewed, and more information obtained, on the patent office website at www.uspto.gov.

Additional Patent Information:

• Design Patents protect the ornamental shape or external design of an article of manufacture.
• A Primer on the Utility Patent Process in the United States. This is a narrative description of what a client might experience in working with a patent attorney to obtain a utility patent in the United States.
• Patent Screening Search for assessing patentability of an invention.
• Patent Opinion: The patent opinion concludes with its “opinion” as to the patentability of the invention based on the patent search results.
• Patent Plant: Plant patents are a relatively rare, specialized type of patent for protecting new and non-obvious species of plants.
• Patent Prosecution: Patent prosecution refers to the process of applying for a US patent and having the patent examined by the US Patent Office
• Patent Validity: The first step in determining the validity of a patent is to check whether the patent term has expired or the maintenance fees have not been paid.
• Provisional Applications for Patent: A provisional application for patent is a temporary application that offers a relatively quick and less expensive way (relative to a utility patent application) to officially file an invention disclosure with the U.S. patent office.
• Invention Disclosure Form for Utility/Provisional Patent
• Invention Disclosure Form for Design Patent