Plant Patent Application
Plant patent applications are available for those inventors or applicants who have found a new species of plant which can be duplicated through “asexual reproduction.” It can include mutants which are either induced or spontaneously mutated in a cultivated environment. It cannot otherwise be “made” or “manufactured,” for example by natural pollination. Examples of these types of patents are for different strains of hops, fruit trees, and grapes (for wine). Just like utility applications, the written description needs to fully enable the invention and allow someone who is in the field of horticulture to be able to make and use the invention. In addition, a specimen of the plant invention needs to be submitted to the USPTO for inspection and analysis. LIke utility applications, the term of a plant patent generally lasts for twenty years from the filing date.
Click here to read our blog article on how to file a plant patent in 5 steps.
How Bold IP Does a Plant Patent Application
We work with the inventor and start out by doing a site visit or conduct a video conference where we can visually witness the plant and the process by which it was grown. Our team will work with the inventor and/or applicant to describe the written description as in other applications, draw the plant and prepare the specimen for submittal to the USPTO.