Spring is here, and since the azaleas are blooming and gardens everywhere are looking lovely, I thought I’d honor spring by writing a quick primer on searching for U.S. plant patents. The USPTO website provides a thourough guide on how to apply for a plant patent, and this guide gives the following definition for plant patents in the U.S.:
A plant patent is granted by the Government to an inventor (or the inventor’s heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor’s right to exclude others from asexually reproducing, selling, or using the plant so reproduced.
Plant patents account for only a very small percentage of total US patent applications and granted patents: in 2012, there were only 1,149 plant patent applications, out of 576,763 total applications, and 860 granted plant patents. So where should you begin your hunt for this rare species of US patent?
Read on to learn the best search strategies for searching for plant patent records on the USPTO website and Google Patents! (more…)
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