PLANT PATENTS
A plant patent protects a new asexually reproduced plant and holds many benefits.
What Is A Plant Patent?
A plant patent protects a new asexually reproduced plant. These are plants that reproduce by means other than from seeds, such as by the rooting of cuttings using layering, budding, grafting, or inarching.
Not all countries allow the patenting of plants, but the USPTO issues a patent to anyone who has invented, discovered, or asexually reproduced a distinctly new kind of plant. This includes any cultigen, mutants species, hybrid species, and newly found seedlings not derived from a tuber-produced plant or a plant found in a wild state. Plants cultivated using tubers and wild or uncultivated plants are not patentable.
Unlike other types of patents like utility or design patents, a plant patent can be issued for a newly found plant, rather than only for a newly invented plant.
The term of a plant patent is twenty years from the date of filing, and no maintenance fees are required.
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
