Plant Patent Law and Legal Definition

Plant patent is the patent granted to persons who have created or discovered new and distinct, asexually propagated plants. Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.

The USPTO provides for the granting of a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings. However, tuber propagated plants or wild uncultivated plants may not be patented.

The elements of the plant application shall contain Plant application transmittal form, fee transmittal form, application data sheet or ADS, specification, drawings, executed oath or declaration (without ADS) or declaration (with ADS).

The components of a plant application are similar to those of a utility application. The specification must contain as full and complete botanical description of the plant and the characteristics which distinguish that plant over known, related plants.