The very first kind of patent is known as plant patent.
Generally, it is given to those people who are credited with inventing a new
type of plant hybrid. Also it is given when a new plant variety has been discovered
and its discovered has been able to successfully reproduce it. However, one
should remember that not every plant could be patented. For instance, the
patent office is not likely to issue patent for tuberous plants. Generally, Plant Patents are provided for a period
of twenty years.
About it
A plant is taken into consideration by Trademark and Patent
Office as living things, which has its very own natural composition. This
plant’s composition is made up by genes, which is possessed by it naturally. Such
genes have the capability to reproduce asexual capacity, thereby allowing genes
to get transferred to its daughter plants.
Common forms
Few common forms in regards to plants granted patents tend to
be hybrid plants, mutants and those plants having undergone transformation
type. The mutant plan could be from any one of the available two sources, chi
are created artificially or discovered naturally. It holds very much true for
hybrids that could be created intentionally or found easily in nature.
General guidelines to
determine if plant is suitable to be patented or not
- Plant needs to be different from other plants which already exist, having at least a single change in composition. When it is compared with other plant which is a relative, potential patented plant is likely to have at least something different about it.
- A plant that is recently discovered or has been created could enter into process of patent application, if the individual who initially created or discovered it, prepares the application.
- Also, the plant is to be new. It would be considered to be new either by being created within a nursery or a greenhouse. It should be new due to it’s the nature of its discovery.
- While making the application, other people present in plant industry might not have thought about it as obvious invention.
- The plant previously cannot be offered for sale before patent application.
- The said plant should not have been made available to public for over one year before patent application. The one year limitation tends to include plant sale, as well as its description in publication like botany journal.
Knowing about the plant patenting procedure can help the creator
of the new plant to ensure that the credit of creating it remains with him as
the rightful owner and to make most from it.
