Plant Patents
Quick Statistics:
Number of Pages: 13 pgs
Sections: 1601 – 1613
Brief Summary:
This chapter provides an overview of plant patents. Note that these patents will only be granted for certain plants.
One of the major criteria for a plant patent is that the plant must reproduce asexually. Asexual plants are reproduced by making a cutting, layering, grafting, or inarching. In addition, claims for plant patents will not be granted for a new variety of fruit or flower, only for a new and distinct variety of plant.
Key Terms:
| Plant Patent | Drawings | UPOV Convention |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.163 | Specification and arrangement of application elements in a plant application. |
| 37 CFR 1.165 | Plant drawings. |
35 USC (United States Code):
| 35 USC 161 | Patents for plants. |
| 35 USC 162 | Description, claim. |