Plant Design Patent
Plant Patent Application
A plant patent application is filed with the USPTO to obtain a plant patent to protect invented or discovered asexually reproduced plant varieties or new plant varieties.
The requirement of asexual reproduction ensures each plant will have exactly the same characteristics as the patented variety.
Your plant patent application must contain as full and complete a disclosure as possible of the plant and of the characteristics that distinguish it from related known varieties and its antecedents.
Your specification must particularly point out where and in what manner the variety of plant has been asexually reproduced.
For a newly found plant, the specification must point out the location and character of the area where the plant was discovered, in part to ensure it was not found in an uncultivated area.
Patent Law
Other Areas of Practice
What You Should Know
- The drawing included with the plant patent application should be an artistic rendering of the entire plant and must disclose all the distinctive characteristics of the plant capable of visual representation.
- The drawing must be in color, either in permanent watercolor or oil. Or permanently mounted color photographs may be submitted.
- The distinguishing characteristics and features of the plant should be expressed in botanical terms, using the general form followed in standard botanical textbooks or publications.
- The specification should include the origin or parentage of the plant variety you hope to patent.