General information about 35 U.S.C. 161 Plant Patents > 자유게시판

Help potential plant patent candidates determine what types of plants are patentable beneath the provisions of 35 U.S.C. Present the legal necessities for attaining a plant patent in terms which might be understood by not solely attorneys/brokers, but in addition plant breeders, growers and gardeners. Present the formal requirements of an utility for a plant patent. Assist in gathering and organizing ample data for preparation of a plant patent application. Summarize the everyday steps which are performed by the United States Patent and Trademark Office (USPTO). Indicate where further data can be attained. What is a plant patent? A plant patent is granted by the United States government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new number of plant, apart from a tuber propagated plant or a plant present in an uncultivated state. The grant, which lasts for 20 years from the date of filing the applying, protects the patent owner’s proper to exclude others from asexually reproducing the plant, and from using, providing on the market, or promoting the plant so reproduced, or any of its elements, all through the United States, or from importing the plant so reproduced, or any half thereof, into the United States.

Cultivated sports, mutants, hybrids, or remodeled plants, the place sports or mutants could also be spontaneous or induced, and hybrids may be natural, from a planned breeding program, or somatic in source. While pure plant mutants might need naturally occurred, they must have been found in a cultivated space. Algae and macro-fungi are considered plants, however micro organism are usually not. The information presented on this publication is tailored to apply to, and is proscribed to patents on asexually reproduced plants. While the USPTO does accept utility purposes having claims to plants, seed, genes, and so forth., such apply is beyond the scope of this publication. Intellectual property protection for seed-reproduced plant varieties aside from a utility patent is obtainable by the USDA’s Plant Variety Protection Office, Washington, D.C., which needs to be contacted for info regarding non-patent mental property safety for such varieties. As noted within the last paragraph of the statute, the plant patent must also fulfill the overall requirements of patentability. The subject matter of the application could be a plant which is developed or found by the inventor, and which has been found stable by asexual reproduction.

That the plant was invented or found in a cultivated state, and asexually reproduced. That the plant has not been described in a U.S. That the invention wouldn't have been apparent to 1 having ordinary ability in the artwork as of the efficient filing date of the claimed plant invention. Where doubt exists as to the patentability of a selected plant, a qualified patent practitioner should be consulted previous to filing an application for a plant patent. The time period "inventor" means the individual or, sex if a joint invention, the people collectively who invented or discovered the subject material of the invention. Because there may be multiple steps in developing a plant invention, it is feasible to have a couple of inventor of a plant invention. For example, if one particular person discovered a new and distinct plant and asexually reproduced the plant, such particular person would be a sole inventor. If one particular person found or selected a brand new and distinct plant, and a second individual asexually reproduced the plant and ascertained that the clone(s) of the plant had been an identical to the original plant in each distinguishing characteristic, the second particular person would properly be thought-about a co-inventor.

If a group of employees or collaborators contributed to the ultimate plant invention, everyone would be thought-about co-inventors. However, an inventor may direct that the step of asexual reproduction be performed by a customized propagation service or tissue tradition enterprise. Those performing the service wouldn't be thought-about co-inventors. Asexual reproduction is the propagation of a plant without using fertilized seeds to assure an exact genetic copy of the plant being reproduced. Any known methodology of asexual reproduction which renders a true genetic copy of the plant could also be employed. The aim of asexual reproduction is to establish the uniformity and stability of the plant. This second step of the invention must be performed with sufficient time previous to utility for patent rights to allow thorough analysis of propagules or clones of the claimed plant for stability, thus assuring that such specimens retain the an identical distinguishing traits of the original plant. Grant of a plant patent precludes others from asexually reproducing, promoting, providing on the market, or using the patented plant or any of its elements within the United States or importing them into the United States.

A plant patent is considered limited to 1 plant, or genome. A plant derived from a sport or a mutant is unlikely of the same genotype as the original plant, and thus would not be coated by the plant patent to the original plant. Such plant derived from a sport or such mutant could itself be protected under a separate plant patent, subject to meeting the requirements of patentability. A plant patent expires 20 years from the filing date of the patent application. As with utility patents, when the plant patent expires, the subject matter of the patent is in the public domain. While the formal necessities of an application for plant patent will be outlined below, anybody seeking a patent ought to seek the advice of with the USPTO Web site simply before filing of an utility to make sure that new necessities have not been made, and that the fees filed with the applying replicate the present quantity due, as such are subject to vary.