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Plant Patent.
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Distinct And New Variety Of Plant
Protection
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The Plant Patent is the third of three statutory authorized patent types and is a type of hybrid between the “Utility Patent” (strong written description and scientific specification) and “Design Patent” (heavy reliance on drawings and only one claim). 
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The common meaning of the term plant is applied and means:
“plant” in the ordinary and accepted sense and not in the strict scientific sense and thus excludes bacteria.” (MPEP §1601) 
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35 U.S.C. §161 and §163
“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 this title” (35 U.S.C. 161).
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“Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc. Plants capable of sexual reproduction are not excluded from consideration if they have also been asexually reproduced” (35 U.S.C. 161).
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Other Patents.
“In the case of a plant patent, the grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States” (35 U.S.C. 163).
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The purpose of asexual reproduction is to establish the stability of the plant. This second step of the invention must be performed with sufficient time prior to application for patent rights to allow the thorough evaluation of propagules or clones of the claimed plant for stability thus assuring that such specimens retain the identical distinguishing characteristics of the original plant.
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Fees And Fee Examples
Each patent is different based on invention requirements and inventor need. Fees are a combination of Fortress PATENTS / IP professional service fess and USPTO filing, search, and examination fees.
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Fee Quotes and Fee Schedules
If needed, a pre-signed Non-Disclosure Agreement access button is below.
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Fee Examples
Fees vary based on service choice and inventor patent strength choices.
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Fee - 2016.09.29 - Summary Plant
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Service Details of D I Y, D I Y, and FULL Service Options
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Button - FULL Service FREE Gifts
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USPTO Fee Savings Levels
See Fee menu tab and USPTO Fees for criteria details:
Micro Entity  – 75% USPTO Savings (a person, less than four patents, …)
Example – $820 D I Y, $1,820 D I Y Plus, and $4,235 FULL Service.
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Small Entity  – 50% USPTO Savings (a person, a small business, …)
Example – $1,105 D I Y, $2,105 D I Y Plus, and $4,520 FULL Service.
(Fee totals obtained by using Small Entity USPTO Fees shown in the table above.)
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Fee Payment Plans
See Fee menu tab and Professional Fees for details:
Pay By Phase – Prior Art Search, then Application / Drawings, then …
One Payment – Prior Art Search and Application / Drawings and …
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Highlight Considerations
The following are key characteristics of of the Plant Patent:
Coverage – Protects new plant variations from cultivated soil.
Term – 20 year term starting from the date of application filing.
Key Content – Drawings and botanical description set the scope and protection (only one claim).
Patent Pending – Use “Patent Pending” markings at filing to begin marketing invention during prosecution.
Prosecution – Limited as evidence of first and second year growth evidences novelty.
Allowance – 90%+ issue through normal prosecution.
Maintenance Fee – After issue and printing fees, maintenance fees follow at 3.5, 7.5 and 11.5 years.
Timing – Normally 2 months to prepare, 18 months for first USPTO response, and 28 for finalization.
Rights – Excludes others from making, importing, using, offering for sale, or selling the invention in the U.S.
Defense – Exerting, monitoring, and defending patent rights is the responsibility of the inventor.
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Botanical Specifications
The following added specificity to the Utility Patent criteria is required of the Plant Patent to scientifically categorize and capture the plant novelty, non-obviousness, and specification (MPEP 1605 – Description and Claim) :
Distinguishing – The specification must contain as full and complete a disclosure as possible of the plant and the characteristics thereof that distinguish the same over related known varieties, and its antecedents,
How Reproduced – Must particularly point out where and in what manner the variety of plant has been asexually reproduced.
New Plants – For a newly found plant, the specification must particularly point out the location and character of the area where the plant was discovered.
Botanical Terms – The description must be expressed in botanical terms in the general form followed in standard botanical textbooks or publications dealing with the varieties of the kind of plant involved (evergreen tree, dahlia plant, rose plant, apple tree, etc.), rather than a mere broad nonbotanical characterization such as commonly found in nursery or seed catalogs.
Origin and Parentage – The specification should also include the origin or parentage and the genus and species designation of the plant variety sought to be patented.
Latin Name – The Latin name of the genus and species of the plant claimed should be stated and preceded by the heading set forth in 37 CFR 1.163(c)(4).
Location of Reproduction – The specification must particularly point out where, e.g., location or place of business, and in what manner the variety of plant has been asexually reproduced.
Color and Drawings – Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color chart.
Reasonable Completeness – No plant patent shall be declared invalid for noncompliance with section 112 of this title if the description is as complete as is reasonably possible. MPEP 1605 and 35 U.S.C. §162.
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Custom Patents, Power Patent, and Other Details
See the full website.
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Plant patents are a less frequent and more narrow application area. Fortress PATENTS / IP is available to provide guidance or to prepare and facilitate patent application and patent prosecution services for your Plant based inventions and improvements. Contact us by any means to initiate your discussion and application.