In Article I, Section 8 of the Constitution of the United States it says, " Congress shall have power [...] to promote the progress of science and useful arts by securing for limited times to inventors the exclusive right to their respective discoveries."
Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of title. (Amended September 3, 1954, 68 Stat. 1190). The plant patent must also satisfy the general requirements of patentability. The subject matter of the application would be a plant which developed or discovered by applicant, and which has been found stable by asexual reproduction. To be patentable, it would also be required: (1) That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area. (2)That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke. (3) That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant. (4) That the plant has not been sold or released in the United States of America more than one year prior to the date of the application. (5)That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent. (6) That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc. (7) The invention would not have been obvious to one skilled in the art at the time of invention by applicant.
Here at IPstreet.com, we want to change the story. In fact, we want to help inventors get beyond (1) conceptualization and through the important stages of (2) gestation, (3) early incubation, and (4) late incubation. To help you and your inventions, we also need to help those who support the invention process: patent attorneys, IP portfolio managers, senior executives, and investors. We believe you are the engine that drives economic development, and the supporting cast fuels the innovation process. In this section, you will learn more about how your inventions can be protected and commercialized. Whether you are a new inventor or are a patenting guru, we hope you will find our resources relevant and practical. Our content is developed by subject matter experts in business and IP law; an uncommon union of PhDs and JDs to help you make sense of the IP landscape in the development of your invention, and its ultimate commercialization.
For us to be successful, we need to understand your needs and deliver technologies that meet your needs. This is the essence of co-creation or synergy. We both benefit from having an ongoing relationship. With this in mind, we want to emphasize our commitment to you, our customer. You are the reason we are in business. Lewis' original idea came from working with people like you — people with a desire to better understand how the IP landscape influences business strategy and decision making. our commitment to you. For us to be successful, we need to understand your needs and deliver technologies that meet your needs. This is the essence of co-creation or synergy. We both benefit from having an ongoing relationship. With this in mind, we want to emphasize our commitment to you, our customer. You are the reason we are in business. Lewis' original idea came from working with people like you — people with a desire to better understand how the IP landscape influences business strategy and decision making. Here at IP Street, we believe you belong on a pedestal. Rather than develop technologies and impose them upon you, we are interested in providing a different model. Listening to you, understanding what you need based on our subject matter expertise, and then providing tools that meet those needs. So far, we have heard that you want a simplification of complex patent documents. You want more than search results, you want visual results that have concrete, real-world significance. You want efficient patent search tools, better resources to patent duration and determining patent value. You want business intelligence from IP that is meaningful and actionable. Are we right? For many of you, based on what you have been telling us about what our product can do, we believe we are. However, we are still listening. So if you have further suggestions and wishes, please do not hesitate to contact us.
IP Street takes know-how and confidence when helping you manage your IP assets. We help you better understand the duration of a patent, the value of a patent and patent analytics.