Agriculture Patent Lawyer
The agricultural industry is continually being revolutionized by microbial compositions, genetic tools, biofuels, plant and crop varieties, farming equipment, and many other technologies and advancements. Inventors in agriculture can protect their inventions with the help of an agriculture patent lawyer.
Whether you are a farmer, scientist, rancher, or other individual involved in agricultural advancements, intellectual property protection can help you protect and profit from your creation.
Your financial future can rely on patenting a revolutionary invention in the agricultural field that gives you a needed advantage over your competitors. These advancements take time and effort, and it is essential you put similar effort into protecting your rights. The right patent attorney can help you maximize your protections and help benefit your business goals.
Bold Patents Law Firm: Your Agricultural Patent Attorneys
The team at Bold Patents focuses on supporting inventors and their drive for progress across numerous industries. We know how important innovation is for agriculture. We can review your invention and discuss the types of intellectual property protection it qualifies for, such as a patent, trademark, copyright, or trade secret. We can discuss how each can support your long-term business goals.
If your IP protection is filed with the U.S. Patent and Trademark Office (USPTO), we can help you navigate each step of the process. We know the specific needs and complications in agriculture fields and agricultural inventions, and we can use our years of experience to help you file a patent more efficiently. We can ensure the patent you apply for will have the most legal protections possible if it is granted.
Understanding Agricultural Patents
An agricultural patent is simply a patent issued by the USPTO within the field of agriculture. You may be able to patent a method of conducting your business, a new type of farming and harvesting, or innovations in farming and ranching equipment.
By patenting these inventions, you can prevent your competitors from making, using, selling, or offering to sell the invention. These rights are not automatic, and you must take legal action to enforce them. Having these rights gives you leverage and the ability to license your invention.
In order to determine if your invention is patentable, you must ensure several elements. The invention must:
- Meet the general definition of a patentable invention
- Meet the definition of the type of patent that it falls under
- Not infringe on any existing patents or publicly disclosed inventions
The general definition of a patentable invention is one that:
- Is usable and not only existing in theory
- Is non-obvious or an obvious alteration on an existing invention
- Is novel and not made previously
- Has an explicit description of the invention and how to make and use it
All three types of patents must meet these criteria at minimum, in addition to their own definitions. The types of patents are:
- Utility patents, which cover innovative and useful processes, machines, matter composition, and methods. It also covers improvements to these existing items, as long as the improvement is not obvious.
- Plant patents, which apply to distinguishable and new plant varieties that are asexually reproduced and cultivated.
- Design patents, which are for new designs of or applied to a manufactured article.
To determine if a patent would infringe on other inventions, you must conduct a patent search, as well as an art search. These searches take time and resources. The process of determining patentability and applying for a patent is complex and challenging.
The knowledge and resources of a patent law firm can help substantially during your efforts. Your attorney can guide you through the USPTO application process from start to finish and may increase the likelihood of you receiving a patent to protect your agricultural invention.
AgriFORCE’s Nutritious Food Processing Method (2023): AgriFORCE Growing Systems Ltd. developed a proprietary method for naturally modifying and processing grains, rice, seeds, and pulses into low-starch, high-protein, fiber-rich baking flour products. This innovation also extends to producing breakfast cereals, juices, natural sweeteners, and baking enhancers. The United States Patent and Trademark Office granted a patent for this method in January 2023.
Pluri’s 3D Bioreactor Technology for Plant Cell Cultivation (2023): Pluri received a patent approval for its 3D bioreactor technology, which facilitates efficient cultivation of plant cells for various applications, including sustainable agriculture and food production. An immediate application of this technology is PluriAgtech’s sustainable cell-based coffee, produced with significantly reduced water usage and growing area.
Eden Green Technology’s Vertical Farming System (2021): Eden Green Technology developed a hydroponic vertical growing system designed for commercial food crops and research greenhouses. This system allows for high-density companion planting without the use of pesticides. The company holds U.S. patent 15/564885 for this hydroponic growing system.
Lidar-Based Insect Monitoring System (2017): Researchers developed a Lidar-based system capable of monitoring insects in the field by detecting the movement and behavior of individual flying insects, with identification down to sex and species. This technology aids in precise pest management and crop protection. A patent application for this system was published in the United States, Europe, and China in 2017.
FAQs
Do You Need a Lawyer to Obtain an Agricultural Patent?
While you are not required to hire a lawyer to obtain an agricultural patent, it is very beneficial to do so. An attorney can make the process more likely to be successful, less stressful, and more straightforward. The agricultural industry is continually evolving, and the way patents apply to those evolutions can be complex.
A skilled patent attorney will know the most up-to-date and relevant laws and requirements that impact your industry and your invention. This limits your guesswork and can prevent errors in the application process.
What Is a Patent in Agriculture?
A patent in the agricultural industry applies to any invention that can be patented through the USPTO, often a new plant or new composition of matter. While plant patents are commonly associated with agricultural patents, they are not the only type of patent in the agricultural industry.
Both utility and design patents may be relevant for different inventions, such as inventions to monitor crops, tools for harvesting, or creations to repel pests. A patent can protect such an invention and allow the creator to benefit from it.
How Long Do Agricultural Patents Last?
The amount of time agricultural patents last depends on the type of patent and whether required maintenance fees are paid. Both utility and plant patents expire 20 years after the patent application is filed. Design patents last for 15 years after the patent is granted.
Extensions are uncommon but possible. Utility patents also have maintenance fees at intervals throughout their lifetimes. If these fees are not paid, the patent will expire prior to its 20-year term.
What Is a Plant Patent Good For?
A plant patent is good for asexually reproduced, new, and distinctive plant varieties, whether that reproduction is invented or discovered by the individual. Plants refer to cultivated mutants, hybrids, sports, and transformed plants, or algae and macro-fungi. A plant patent protects the plant variety as well as the parts produced by the plant, which could include flowers or fruit.
You cannot patent a plant that you found uncultivated in the wild. Bacteria are not considered plants. You also cannot patent new varieties of tuber-propagated plants.
Working With a Skilled Agricultural Industry Patent Attorney
A competitive edge is essential in agriculture, but the intimidating and costly process of searching and applying for a patent can make it difficult for independent inventors. The support of a knowledgeable attorney can greatly improve the chances of success and profitability of your invention. Talking with an attorney can also provide you with specific information about your invention and its use. Contact Bold Patents today to see how we can help.