Asexually reproduced Distinct and New Variety of Plant 

A plant patent may be granted to one who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced.

 

 

 

Decker, Jones, McMackin, McClane, Hall & Bates

Burnett Plaza

801 Cherry Street, Suite 2000, Unit #46
Fort Worth, Texas 76102-6836
(817) 336-2400
Metro (817) 429-5260
Telecopier (817) 332-3043

 

Email:  Byost@deckerjones.com

Plant Defined 

This protection is limited to a plant in its ordinary meaning:

  • A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured."
  • Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area.
  • Algae and macro fungi are regarded as plants, but bacteria are not.