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.


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