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Intellectual Property Systems
Save Thousands, Same Protections
- Patent Application Portfolios
- Plant Breeder Rights Applications
- Government Correspondences
- Legal Contracts Management
The head-aches I take care of for floriculture growers and horticulture companies include:
About U.S. Plant Patents
A quick glance into U.S. plant patents demonstrates that it is a valuable tool for your intellectual property portfolio. Add to the fact that protection extends across the large U.S. market and its affordability, a plant patent is a fairly easy way to gain broad protection. Here are a few of the commonly asked questions about the plant patent process in the United States.
Are there annual fees in U.S. Plant Patents?
One of the advantages of U.S. plant patent protection is that there are no maintenance fees. It is not uncommon for other types of protection, including U.S. utility patents, and most plant breeders rights applications to have maintenance fees or annual fees. These fees add up and can double the costs of plant protection. So, we can consider the no-maintenance-fee U.S. plant patent a very affordable form of plant protection that can easily be added to your portfolio.
How long does it take before an application is granted?
In our experience, a well written application that requires little or no negotiation with the U.S. Patent Office examiner (the person assigned to judge the merits of the application and decide whether to grant the application) can take less than 16 months before it is granted (to use patent office language – issues). This is not the case for all applications and the length of time it takes depends largely on the amount of backlog at the patent office as well as whether the submitted application is well-written.
Is a Plant Material Deposit Required?
Plant material is not required with each plant patent application; however, the patent office reserves the right to request plant material submission. Also, unlike many plant breeder’s rights application, a physical examination of the plant is not required for a U.S. plant patent. The advantage is that in many cases, a U.S. plant patent application can take less time to receive a grant than the international counter-part applications that require examinations.
Will a U.S. Plant Patent protect my plant in other countries?
Technically, the answer is no. Certain international trade agreements; however, can help you exert your rights to the patented plant in the import/export channels, but each individual country offers their own versions of plant protection, with varying levels of protection and benefits.
Can I patent a discovered plant?
Many excellent plants are discovered, can they be protected? The answer is yes, discovered plants can be protected by U.S. plant patents – as long as it is done correctly. We’ve written an article about patenting discovered plants, click here to read. (you will be directed to our sister website for plant breeders rights).
GRIPS, LLC is a Colorado Limited Liability Company - Copyright 2012-2014, All Rights Reserved. Allison is a Plant Breeder's Rights Agent. She is not an attorney and she does not offer legal advice.
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