Patents are usually granted to ideas that are innovative and useful in several situations. Likewise, plant patents are given to those who discover a new plant. But, to receive plant patent protection, the applicant must be able to asexually reproduce them.
What is a plant patent?
A plant patent can be obtained for newly invented plants that are propagated asexually. A plant is asexually reproduced it if it is produced by other means than seeds like layering, grafting or cutting the plant.
Asexual reproduction is the need for a plant patent as it provides proof that the applicant can create duplicate plants. It includes hybrid species, mutant species, cultigens and newly found seedlings that are not derived from a tuber reproduced plant or a plant that is found in an uncultivated form. The patent lasts for around 20 years and gives authority to the inventor to stop other people from asexual reproduction of the same plant as well selling or using the plant.
Things you should know about plant patenting:
Plant trademarks and patents create an incentive for innovation and design by plant scientists and breeders in the horticulture industry. Many people believe that the patents are issued to cover the rights of Genetically Modified Organism Industry. However, this industry applies for a utility patent. However, plant patent promotes the cultivation of new hybrids and plants. Patenting plants is the same as licensing any other innovation. When a variety of a plant is patented, the royalty goes to the applicant or nursery that owns the patent each time the plants are sold.
Plant patenting is complicated, risky and expensive. A plant inventor, in order to patent their plant should consider the below-written points:
What is a plant patent?
A plant patent can be obtained for newly invented plants that are propagated asexually. A plant is asexually reproduced it if it is produced by other means than seeds like layering, grafting or cutting the plant.
Asexual reproduction is the need for a plant patent as it provides proof that the applicant can create duplicate plants. It includes hybrid species, mutant species, cultigens and newly found seedlings that are not derived from a tuber reproduced plant or a plant that is found in an uncultivated form. The patent lasts for around 20 years and gives authority to the inventor to stop other people from asexual reproduction of the same plant as well selling or using the plant.
Things you should know about plant patenting:
Plant trademarks and patents create an incentive for innovation and design by plant scientists and breeders in the horticulture industry. Many people believe that the patents are issued to cover the rights of Genetically Modified Organism Industry. However, this industry applies for a utility patent. However, plant patent promotes the cultivation of new hybrids and plants. Patenting plants is the same as licensing any other innovation. When a variety of a plant is patented, the royalty goes to the applicant or nursery that owns the patent each time the plants are sold.
Plant patenting is complicated, risky and expensive. A plant inventor, in order to patent their plant should consider the below-written points:
- Whether or not the plant variety has any benefits, does it justify the cost of the royalty and product development?
- Is the plant exceptional?
- Does the benefit it provides exceed the cost to consumers?