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Plant Patents
Plant patents are issued for new varieties of asexually reproduced plants.
A plant patent 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
To be patentable, it is also required:
- "That the plant was invented or discovered and, if discovered,
that the discovery was made in a cultivated area.
- That the plant is not a plant which is excluded by statute, where
the part of the plant used for asexual reproduction is not a tuber food
part, as with potato or Jerusalem artichoke.
- That the person or persons filing the application are those who actually
invented the claimed plant; i.e., discovered or developed and identified
or isolated the plant, and asexually reproduced the plant.
- That the plant has not been sold or released in the United States
of America more than one year prior to the date of the application.
- That the plant has not been enabled to the public, i.e., by description
in a printed publication in this country more than one year before the
application for patent with an offer to sale; or by release or sale
of the plant more than one year prior to application for patent.
- That the plant be shown to differ from known, related plants by at
least one distinguishing characteristic, which is more than a difference
caused by growing conditions or fertility levels, etc.
- The invention would not have been obvious to one skilled in the art
at the time of invention by applicant."
- See also How
to File a Plant Patent Application.
For more detailed information about plant patents, see the USPTO's General
Information about 35 U.S.C. 161 Plant Patents.
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