Plant Patents

Plant patents involve the cultivation of newly discovered or created plants by means of asexual reproduction. This kind of patent is different from other types in that it concerns organic life and not designs, machinery, or innovative processes of manufacture.

There are a handful of basic benefits for acquiring a patent for a plant you may have discovered or created through means of asexual reproduction. The most important benefit is the obvious one: the exclusive right to reproduce and profit from your discovery. An example of this is a new kind of rose. Roses are one of the top selling flowers in the country. If you discover a way to asexually reproduce this specific type of rose, you can own the exclusive rights to it and may profit by it. Another is by genetically altering a plant to produce a chemical that might be useful in medicines or medical treatments.

Plant Variety Protection Act grants viable intellectual property rights for plants that are reproduced sexually. This means that you can file for protection through this act for plants, seeds, tuber-propagated plants.

Ways to Produce Plants Asexually

There are several methods you can produce new varieties of plants through asexual means. Grafting is one of the most common methods to propagate plant-life asexually. Grafting is the act of removing a twig or branch from a fully grown tree or shrub and planting the graft. When done properly, this method will reproduce the desired tree or shrub. The best known example of grafting is apples. Apples grafting propagates all of the different varieties of apples in the market.

Plants that are reproduced by methods such as rooting of cuttings, budding, grafting, etc., are typically granted patents. Characteristics and origin of the parentage of a plant should be included when filing an application for plant patent.

Stems and other underground parts of a plant or tree can also be used for asexual reproduction. Rhizomes, bulbs, and tubers cut from a tree, bush, or shrub will reproduce new varieties of plant life.

Why Should I File for a Plant Patent?

The simple answer is, to benefit from exclusive ownership of a new type of plant or flower. For seventeen (17) years, an exclusive plant patent can give you the right to produce and profit from your creation.