Most of our competitors emphasize the importance of "deep 'prior art' searches." In their efforts to show you how technically capable they are, they seem to forget the importance of returning results that (1) are interpretable, (2) have practical meaning, and (3) are transparently sophisticated. Our promise to you is that we will continue to focus on the types of questions you need answered and will improve our patent search tools based on your needs. At IPstreet.com, we use a very sophisticated search technology called "Concept Searching" that allows you to enter a lengthy description of your invention, product, or idea, and compare it to the universe of granted patents and patent applications in the United States using data from the USPTO. Using our patent analytic search tools, we offer you patent analytics software that is sophisticated, transparent, and meaningful results. Our patent search tools are top of the line. We understand patent searches are important when answering the questions, is my idea patentable, how to patent an idea and what is the best patent search service available?

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.

There are three types of different patents (1) Utility Patents: Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing ++, subject to the payment of maintenance fees. Approximately 90% of the patent documents issued by the USPTO in recent years have been utility patents, also referred to as "patents for invention." (2) Design Patents: Issued for a new, original, and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. Design patents are not subject to the payment of maintenance fees. (3). Plant Patents: Issued for a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. Plant patents are not subject to the payment of maintenance fees.

Patents have a maximum life of 20 years and, therefore, a 20-year potential monopoly. Patents that are just beginning their life and which have longer to run on the their potential monopoly position understandably will have more value. It is rare that a patent nearing the end of its term will cause a great threat to its competitors. It is almost certain that they will have devised technologies or products of their own by then that will not interfere with the patent owners monopoly position. In addition, one has to take into consideration the potential business life of a patent, i.e., the duration, which a patent is likely to be economically useful, if other subsequent patents are providing better alternatives to it.

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.