3 Key Steps to Consider before Filing for a Plant Patent

Gardening is a passion and many gardening enthusiasts work very hard to take their passion to the next level. There’s nothing absurd for a zealous gardener or a plant breeder to develop a new plant variety that no one has seen earlier. So if your years of experiment and perseverance have helped in developing a new plant variety, consider filing a plant patent. The following steps will help you to file a plant patent successfully-

Determine Ownership:

The first step that you must consider if you are preparing to file a plant patent is to identify the actual person who has invented the new plant variety. If you are a particular person, you must have substantial proofs that will support your claiming ownership. Don’t forget to mention the name or names of the person/persons who have assisted you to come up with this novel plant type.

Determine Eligibility:

Any person who invents and asexually reproduces a new variety of plant can be eligible for filing plant patents in Norfolk. However, eligibility criteria may vary depending on a particular country. To help you determine with these, you can consult a plant expert who has good knowledge in plant patents, licensing, and promotion.

Determine Patentability:

Just becoming sure of eligibility will not be enough for filing a plant patent. You must make sure the new plant variety has no public use or has been used for sale purpose before the patent filing.

Draft an Application For the Plant Patent:

There are a lot of steps associated with drafting a plant patent application. It is a detailed process and includes some prerequisites that need to be completed before filing. Those who are not professional plant breeders must consider hiring a professional plant patent attorney to help you with this task successfully. 

The Final Step- Filing the Plant Patent:

Unless all the above steps are completed successfully, you cannot file a plant patent. Note that before applying, all the parts of the particular plant have been thoroughly observed for at least one growth cycle.