Define: Plant Patent

A plant patent is a type of patent granted by the United States Patent and Trademark Office (USPTO) to protect new and distinct varieties of plants that have been asexually reproduced.

A plant patent can be granted for any new and distinct variety of plant that has been reproduced asexually, excluding tuber-propagated plants or plants found in an uncultivated state.

A plant patent lasts for a period of 20 years from the date of filing the patent application.

To obtain a plant patent, the plant variety must be new, distinct, and asexually reproduced. The applicant must also provide a detailed description of the plant and evidence of its distinctiveness.

Yes, genetically modified plants can be patented if they meet the requirements for patentability, including being new, distinct, and asexually reproduced.

No, the patent holder has the exclusive right to sell, use, or distribute the patented plant variety. Others would need to obtain permission or a license from the patent holder to do so.

No, plant patents are only granted for plants that have been asexually reproduced. Plants discovered in the wild cannot be patented, but they may be eligible for other forms of plant protection, such as plant variety protection certificates.

Plant patents are specific to the United States. However, there are international agreements and treaties that provide protection for plant varieties in other countries, such as the International Union for the Protection of New Varieties of Plants (UPOV).

Yes, as a plant patent holder, you have the right to enforce your patent against anyone who infringes on your exclusive rights. This may involve legal action to seek damages or injunctions against the infringing party.

Yes, as a plant patent holder, you have the right to license your patented plant variety to others. Licensing agreements can be negotiated to allow others to use, sell, or distribute the patented plant variety in exchange for royalties or other considerations.