A plant patent covers asexually reproducible plants (that is, through the use of grafts and cuttings), such as flowers. Sexually reproducible plants (that is, those that use pollination), can be monopolized under the Plant Protection Act. Both sexually and asexually reproducible plants can now also be monopolized by utility patent. Plant patents are comparatively recent innovations, the first one being granted in 1930. A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) 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. This protection is limited to a plant in its ordinary meaning: (1) 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." (2) 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. (3) Algae and macro fungi are regarded as plants, but bacteria are not. A utility patent would be filed for claims to plants, seeds, genes, etc. According to the USPTO, there were 959 plant patent applications filed in 2009.
Our partners included enterprise partners, ranging from Fortune 100 companies to small companies. Among our enterprise partners are US and international businesses. We've also received input from research organizations and tech transfer operations. We've sought and received feedback from inventors, a group we believe are the heroes of the knowledge economy. Friends in the IP profession were given opportunities to use and provide feedback. We also engaged investors, venture capitalists, private equity, analysts and others in the financial world to hear what types of tools would make a difference to them when analyzing companies or IP assets. This robust representation has led to better designs. Our development team built tools with these varied personas in mind, so that the suite would assist not only the largest of IP holders, but would be relevant and immediately useable by SMEs, individual inventors, and business professionals. We are confident that you will find these tools valuable for your endeavors.
Asexual reproduction is the propagation of a plant to multiply the plant without the use of genetic seeds to assure an exact genetic copy of the plant being reproduced. Any known method of asexual reproduction which renders a true genetic copy of the plant may be employed. Acceptable modes of asexual reproduction would include but may not be limited to: (1) rooting cuttings (2) apomictic seeds (3) grafting and budding (4) division (5) layering (6) bulbs (7) slips (8) rhizomes (9) corms (10) runners (11) tissue culture (12)nucellar embryos
In the U.S., the inventor has a "first to invent" claim which is different from other patenting organizations throughout the world who generally utilize "first to file." Debate over this issue, and which model best influences economic development is ongoing. Some are concerned that a change in patent rights may harm the small startup and benefit the incumbents with deeper pockets. You can read more about this topic.
Yes, patents do relate to marketing strategy. A firm's brand power is a function of the belief that its products have sophisticated, state-of-the-art, and proprietary technology. Learn more how to identify the key technologies that are embedded into your brand promise.
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