Get help finding the Right Intellectual Property Lawyer for your case
A plant patent is a type of intellectual property that protects ownership rights of a newly invented asexually reproduced variety of plant. Having a plant patent prevents others from also asexually reproducing, using, or selling the newly invented variety of plant. To be able to claim or register a plant patent, the plant must be a living organism that can be duplicated through asexual reproduction. It may be an induced or natural form of a hybrid through breeding, or a sport or mutant discovered in a cultivated area. Plant patents do cover algae and fungi, however they not apply to bacteria, tuber propagated plants, or any plant discovered in an uncultivated area.
An inventor of a new variety of plant must apply for a patent within one year of inventing the plant in order to protect his or her ownership rights. A preliminary patent search also must be completed before patenting the plant to ensure no one else is already claiming ownership or use of the plant in question. A plant patent only covers one plant or one genome. Any variety of the plant with a different genotype would need to be separately patented. Plant patents remain in effect for 20 years and if anyone attempts to use, sell, or reproduce a patented plant, legal action may be taken to stop the patent infringement and to collect damages.
If you have an original new variety of plant that you wish to patent, an intellectual property lawyer can best assist you. Plant patent applications may be complicated as there are many specific requirements, restrictions and documentations to understand and complete properly. A plant patent attorney can help you perform a patent search and will help you to correctly fill out the application and documentations required. Similarly, if you suspect infringement on your plant patent, a patent attorney can help you open a lawsuit immediately so that you can recover damages and receive compensation for the infringement.
If you suspect someone else is reproducing or selling a plant you have under patent, or if you need to file for a plant patent contact Attorney Search Network today. Attorney Search Network can refer you to an intellectual property lawyer near you who can assist you in all plant patent questions and concerns.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Intellectual Property lawyer referral.