Helpful Information / Articles: US Patents - Plant Patent
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A plant patent is granted to whoever invents or discovers and asexually reproduces any distinct and new variety of plant. Asexually propagated plants are plants that are reproduced by means other than from seeds, from techniques including rooting of cuttings, layering, budding, and grafting. The application consists of a specification, drawing and is limited to one claim.

The plant patent only gives the patentee the right to prohibit others from making, using or selling plants derived through asexual reproduction from the original patented plant. This differs from utility and design patents, in that independent discovery and creation of a patented variety of plant is not considered to be infringement of that plant patent.

The term of a plant patent is the same as that of a utility patent, twenty years from its filing date. Maintenance fees also must be paid for a plant patent.

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