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.

Laws of nature: Galileo would not be able to patent his findings from his experiments at the Leaning Tower of Pisa. Physical phenomena: Patent law classifies physical phenomena as products of nature. Thus, if your invention occurs in nature, it is a physical phenomenon and cannot be patented. Abstract ideas: Abstract ideas are concepts like pure mathematics and algorithms. You cannot patent a formula. However, you can patent an application of that formula. Thus, while you cannot patent a mathematical formula that produces nonrepeating patterns, you can patent paper products that use that formula to prevent rolls of paper from sticking together. Literary, dramatic, musical, and artistic works: These can be Copyright protected. Inventions, which are considered not useful or possible: For example, the USPTO will not issue a patent on a perpetual motion machines; or offensive to public morality.

Ignorance is not bliss. Before any significant moneys are spent on R&D or Product Development, a basic FTO (freedom to operate) search you be performed to ensure the idea, technology, or product is not infringing the IP rights of another party. IPstreet.com's search tools will help you avoid third-party infringement.

"Reputation management is an important factor in attracting partners and external funding. From interviews with CEOs and CTOs of nine large industrial and publicly funded firms, we have a clear indication that a corporate R&D lab's well-managed reputation has a direct impact on the firm's brand value. In other words, corporate research labs should not be measured only by their technological outcome, but also by the impact they have on a firm's brand value," according to Gassman et al., 2009, Research Technology Management, "R&D Reputation and Corporate Brand Value." The tools IP Street offers will help you identify (1) patents that significantly influence your brand (2) why the patents are significant (3) Internally communicate what, why, and how a patent influences brand to get executive-level buy-in and (4) Communicate to your customers what, why, and how to further develop the brand's impact.