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.

Plant Patents - Sherinian Law

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.

Sherinian Law Attorneys

Experienced Patent Attorneys

Patent Law is Complicated. 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.

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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 when you can speak to an experienced patent attorney.