How to File a Plant Patent Application

  • "Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant."

  • Plant patents are issued for 20 years.

  • Because of the legal complexity involved, most people will want to consult with a patent attorney or patent agent before filing a patent application.

  • The USPTO provides a comprehensive guide to filing a plant patent application.

  • Utility patent applications may be filed using the USPTO Electronic Filing System (EFS).

  • See the USPTO Fee Schedule for information on USPTO fees for filing applications.


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