Category Archives: Plant

Plant Patent Basics: The Plant Patent Application

Author: Adriana L. Burgy
Editor: Stephanie M. Sanders

Further to the Plant Patent Basics: An Introduction post, here we highlight various aspects of the plant patent application itself. While this post provides the basic requirements of a plant patent application, an applicant should consult the relevant rules and guidance from the USPTO before preparing and filing the application to ensure conformance with any new requirements and/or specific fees for application filing.


Plant patent applications follow the same format as utility applications: the specification should include the following sections:

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Plant Patent Basics: An Introduction

Author:  Adriana L. Burgy
Editor: Stephanie M. Sanders

New plant varieties may be protected in the U.S. under:

  • Plant Variety Protection Act (PVPA) – for seeds and tubers; issued by the U.S. Plant Variety Protection Office (U.S. PVPO);
  • Plant Patents – for asexually propagated plants except tubers; issued by the U.S. PTO; and/or
  • Utility Patents – for any type of plants (e.g., seeds, genes, etc.) showing utility; issued by the U.S. PTO.

Each type of protection has differing scope and requirements.  Here, we address coverage under plant patents.  The right to a plant patent is found in 35 U.S.C. § 161, which reads: Continue reading

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