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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.

Although anyone can claim to inventor or create something (e.g., Al Gore created the Internet), the reality is that an idea needs to be carefully considered in context of the law. If you are serious about protecting your invention, you should contact a patent attorney or patent agent. Applying for a patent, and its subsequent patent prosecution process, does cost money. You may see ads for low-cost services to file a patent on your behalf. Such solutions are viable if your goal is to boast to your friends that you patented something. However, if you have real-world business ambitions, it is imperative that the person writing the claims of your patent is a well-qualified lawyer. The adage "you get what you pay for" is very true in the intellectual property community. Realistically, a single patent is going to minimally cost you around $10K for the application fees, legal fees to write the claims, and so on. You want to find a legal professional that is a subject matter expert in your domain (whether it is IT, manufacturing, mechanical engineering, biotech).

Ask yourself? Which side of the game do you want to be on? Do you want to be remembered as the executive who failed to recognize the business opportunity staring you in the face? Or do you want to be remembered as the visionary who executed and altered your company forever? The choice is yours.

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.