MightyRecruiterRecognized in the United States since 1930, plant patents are available to those who invent or discover a new and distinct plant. Like other types of patents, however, they can be difficult to obtain if you do not know what to expect. Here are five of the most frequently asked questions about plant patents to help you understand the process.
1. Question: How do I apply for a plant patent?
In order to obtain a plant patent, you must file an application with the United States Patent & Trademark Office. The USPTO is a government agency that determines whether a discovery or invention is eligible for protection. It is also responsible for reviewing design and utility patents.
2. Question: Do I need a lawyer to apply for a patent?
Although it is not necessary to hire a lawyer, the complexity of patent procedures demands extraordinary attention to detail. If the format and presentation of your application does not meet the exact standards of the USPTO, it could result in denial or only partial protection. On the other hand, an experienced attorney can guide you through each step and prepare the contents of your application. This includes:
- An oath or declaration of discovery. This official statement confirms that you are the inventor of the plant in question. It also states that you have conducted the correct observations and can reproduce the plant asexually.
- A plant drawing. Photographs are common for this portion of the application, but accurate artistic renderings are acceptable in other mediums as well. Additional references are not required to represent visible characteristics.
- Record of observations. You must be able to provide a detailed account of observations for at least one full growth cycle before filing your application. In this way, you can prove that the characteristics of your plant can be duplicated.
3. Question: What are the requirements for eligibility?
There are three main criteria your plant must meet in order to be eligible for a patent. First, the plant you are trying to patent should be new and distinctive. This means its distinguishing characteristics are unique and serve to identify the plant and its purpose. In addition, you must be capable of reproducing the plant asexually. Finally, you cannot patent a tuber-propagated plant, such as a sweet potato, or any plant that you find in an uncultivated state.
4. Question: What are my rights as an inventor?
Once you have received a plant patent, it will last for 20 years before it needs to be renewed. This prevents people from reproducing or selling your plant. Unfortunately, a plant patent only allows you to impose these restrictions on others. If you would like to make use of your plant outside of cultivation and observation, a utility patent may be more beneficial instead.
5. Question: Can a plant patent cover more than one inventor?
There are two main parts to inventing a new plant – discovery and reproduction. If another person contributed on an intellectual level during one or both of these stages, the patent will list a co-inventor as well. Individuals who perform additional services, such as grafting or cutting, are not included as co-inventors under the terms of the patent. Some inventors might even obtain a patent and then sell the rights to a third party. The new owner of the plant can then restrict reproduction and use as necessary, and the inventor is able to move on to another cultivation project.
Whether you are cultivating a medicinal plant or trying to create a stunning new floral specimen, you should still apply for a patent to protect your rights as an inventor. Use these questions as a foundation for obtaining a plant patent or contact the USPTO for additional information on fees and requirements.
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The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.