What is a Plant Patent?

According to researchers, it is estimated that over 200,000 species of plant life have yet to be discovered and described. The difficulty in discovering new plant life is identifying a species that has yet to be officially discovered. If you are fortunate enough to come across a new species, you should consider seeking a plant patent immediately. A plant patent will be granted to the discoverer if he or she identifies and reproduces a new variety of plant. The implications of a new plant discovery could have monumental effects on today’s society, and a plant patent is the best way to protect your interests.

Benefits of a Plant Patent

A plant patent will last twenty years from the date of filing the application and protects the discoverer’s exclusive rights to asexually reproducing, selling, or using the plant. In order for the plant in question to be included in this type of patent, it must:

• Be a living plant organism which possesses a set of characteristics within its single, genetic makeup, and
• Be able to be duplicated through asexual reproduction, but cannot otherwise be manufactured

Should you discover a new plant species and be awarded a patent, it will be within your rights to prosecute any violations. In these cases, it is in your best interest to seek the assistance of a capable patent lawyer.

Contact an Intellectual Property Lawyer Today

If you are in need of assistance with your patent litigation or filing in the Dallas or Plano areas, call (214) 824-1414 to speak to an attorney with Gagnon, Peacock & Vereeke, P.C. today to discuss your options.