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:
Drawings | Drawings are visual representations included in a patent application to illustrate the invention, providing clarity and aiding in the understanding of the invention’s structure and operation. |
Plant Patent | Grants exclusive rights to an inventor who has discovered or invented a new and distinct variety of plant, allowing them to exclude others from reproducing, selling, or using the plant for a period of time. |
UPOV Convention | The UPOV Convention is an international treaty that establishes a system for the protection of new varieties of plants, ensuring that plant breeders’ rights are recognized and safeguarded across member countries. |
37 CFR (Code of Federal Regulations):
37 CFR 1.163 – Specification and arrangement of application elements in a plant application. |
37 CFR 1.163 requires that a plant patent application includes a specification with a detailed botanical description, drawings or photographs of the plant, and claims, arranged in a specific order. |
37 CFR 1.165 – Plant drawings. |
37 CFR 1.165 mandates that plant patent applications include drawings or photographs that clearly depict the distinctive characteristics of the plant, showing the plant in its entirety and any unique features. |
35 USC (United States Code):
35 USC 161 – Patents for plants. |
35 USC 161 allows for the granting of patents to anyone who invents or discovers and asexually reproduces a distinct and new variety of plant, subject to the conditions and requirements of patentability. |
35 USC 162 – Description, claim. |
35 USC 162 requires that plant patent applications include a complete description of the plant and at least one claim, with the description being as complete as reasonably possible. |
Quick Statistics:
Number of Pages: 13 pgs
Sections: 1601 – 1613
List of Sections:
1601 | Introduction: The Act, Scope, Type of Plants Covered |
1602 | Rules Applicable |
1603 | Elements of a Plant Application |
1604 | Applicant, Oath or Declaration |
1605 | Specification and Claim |
1606 | Drawings |
1607 | Specimens |
1608 | Examination |
1609 | Report of Agricultural Research Service |
1610 | The Action |
1611 | Issue |
1612 | UPOV Convention |
1613 | Right of Priority Based upon Application for Plant Breeder’s Rights |