Applications for plant patents seek patent protection for new plant matter. A plant patent protects a plant that possesses new or unique characteristics (35 U.S.C. 161). We offer affordable patent services following our 5 steps to patent by a USPTO registered patent practitioner. The 5 steps to patent are the same for patenting a new plant as they are for the utility and design types. However, the disclosure requirements for a complete and proper patent application for a new plant usually include making a biological deposit of the new plant. Plant patents are good for 20 years like utility patents.
Inventor Tip: Only asexually reproduced plants can be patented. Sexually reproduced, and tuber-propagated plants (reproduced by the same part of the plant that is eaten) cannot be patented. For non-patentable plants there is protection available under Plant Variety Protection (PVP) Act.
Patent Protection is Available for New Plant Matter.Carson Patents®
5 Steps to Patent a New Plant Invention
We offer affordable expert patent application services online for new inventions following our 5 steps to patent. Our USPTO registered patent practitioner is an online utility patenting services specialist. We also write and file accelerated examination patent applications under the USPTO’s Accelerated Examination Program for utility patent applications to get allowance and issue or rejection within 12 months
- Prior Art Search (patent search) – to find out if your invention is new
- Patentability Study (evaluation) – to find out if your invention is patentable
- Plant Patent Application Writing – describing and defining the details of the new plant
- Patent Application Filing – submitting the application and making the biologic deposit
- Patent Prosecution – communicating with the patent office seeking to put the application in a condition for allowance and issue
Inventor Tip: If your new plant also has some new uses for what it grows, you should also consider looking into a utility patent. Read more in our article can you patent a plant?
Important Plant Patenting Details: Plant patents generally require biological deposits of the new plants. Further, photos of the plant and/or its growth and development are often necessary. Please note that the biological deposit and color photo deposits require additional filing fees. These filing fees vary by entity status as defined by the USPTO. We offer patent services for U.S. or international Patent Cooperation Treaty (PCT) plant patent applications.
Plant Patent Application Costs
A plant patent application will cost between $3500 – $5000 to write and file. The USPTO filing fee is not included. Additionally, the costs of making the biological deposit and submitting photos will also impact the costs of patenting new plants. After filing, prosecution costs are usually $1200 – $1800 per office action response or amendment. Please note that these costs only represent Carson Patents‘ fees and do not include the USPTO or WIPO application filing fees which vary by entity status. Read more about patent costs.
Patent Cost Note: It is the usual practice of Carson Patents to always respond within the shortened statutory period as stated in any communication from the USPTO. While it is frequently possible to file responses later than the time allowed in the shortened statutory period, there are added filing fees assessed by the USPTO for filing responses late. Late filing fees are determined by the number of months the response is late. The later the response, the larger the late filing fee.
Plant Patents Examples
This kind of patent protects asexually reproduced plants with new qualities. Plant patents have not been around as long as their utility and design patent cousins. The sorts of things that inventors seek patents for in the world of plants include sweeter or crispier apples, oranges with easy to remove skin, and new marijuana hybrids. If you have asexually reproduced a new plant with better or new characteristics, you may be able to get a patent to protect it. While not famous plant patents, below is a list that demonstrates some examples of plant patents that exist today.
- Crisper Apple
- THC Hybrid
- Zipper Skin Orange
Plant Patent Help Available
Carson Patents offers the complete range of patent services needed to seek patent protection for your new plant.
Patent Confidentiality: Invention disclosures to patent practitioners are covered by client-controlled privilege.
Important Tip: When looking for expert patenting services help, only a patent attorney or patent agent can prosecute patents for you.