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.

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.

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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).

Before you decide to visit a patent attorney, you should educate yourself. Whether you are a newbie or a guru, our tools can help you know more so you can be better prepared. You can learn about patents related to your invention for just $99. Compare that to the average $250/hour your lawyer will charge you.