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.

Sadly, the value of a patent is generally determined by the courts. Most litigation involves infringement, but there are also other lawsuits regarding ownership and inventorship and SEC anti-competitive allegations. Let IPStreet.com help you better protect against patent infringment, better utilize patent search tools and patent your invention under the guidance of an experienced patent lawyer.

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.

If the complexities of legalities seems simple, you may want to consider becoming a patent agent or patent attorney. If you are a do-it-yourselfer (DIY), you may want to get David Pressman's book "Patent it Yourself" or David Hitchcock's book "Patent Searching Made Easy". If you are like the rest of us, this process does not seem simple. Sure it may cost some money to engage someone to guide you through this process, so you need to carefully consider your innovation in context of (1) is it patentable? and (2) is it a viable business opportunity? It may, however, be in your best interest to learn as much as you can about the system and then hire a competent patent attorney to get the job done. Just think what it would cost to great idea, poorly patented, which may ultimately cost you "like a bigillion dollars in lost royalties or something like that."

Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws.