Plant Patents

Protecting distinct and new varieties of asexually reproduced plants

Plant patents protect the invention or discovery of distinct and new varieties of asexually reproduced plants. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than tuber-propagated plants or plants found in an uncultivated state.

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Asexual Reproduction

Plant patents cover plants that are reproduced asexually, meaning they are reproduced by means other than from seeds, such as by rooting cuttings, layering, budding, grafting, or tissue culture.

Asexual Reproduction Methods:

  • arrow_right Rooting of cuttings
  • arrow_right Layering
  • arrow_right Budding
  • arrow_right Grafting
  • arrow_right Tissue culture
  • arrow_right Inarching
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Eligible Plant Types

Plant patents can be granted for a wide variety of plant types, as long as they meet the requirements of being distinct, new, and asexually reproduced.

Examples:

  • arrow_right Ornamental plants (roses, chrysanthemums)
  • arrow_right Fruit trees (apple varieties, peach cultivars)
  • arrow_right Vines and shrubs
  • arrow_right Sports and mutants
  • arrow_right Hybrids
  • arrow_right Newly found seedlings
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What Cannot Be Plant Patented

Certain categories of plants are excluded from plant patent protection.

Excluded Plant Types:

  • close Tuber-propagated plants - Plants propagated by tubers (e.g., potatoes, Jerusalem artichokes)
  • close Uncultivated plants - Plants found in an uncultivated or wild state
  • close Sexually reproduced plants - Plants reproduced only by seeds (may be eligible for Plant Variety Protection instead)
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Requirements for Plant Patents

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Distinct

The plant must be clearly distinguishable from all other known varieties

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New

The plant must not have been on sale or publicly disclosed more than one year before filing

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Non-Obvious

The plant's characteristics must not be obvious to a plant breeder of ordinary skill

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Asexually Reproduced

The plant must be capable of asexual reproduction

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Invented or Discovered

The plant must have been invented or discovered by the applicant (not found in an uncultivated state)

Plant Variety Protection

For sexually reproduced plants (plants grown from seeds), the Plant Variety Protection Act provides an alternative form of protection through the U.S. Department of Agriculture (USDA) rather than the USPTO.

Plant Patent Term: Plant patents have a term of 20 years from the date of filing the application and do not require maintenance fees.