What rights does a plant patent grant?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A plant patent grants the holder specific rights as outlined in 35 U.S.C. 163:

“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.”

These rights include:

• Exclusive right to asexually reproduce the plant
• Right to prevent others from using, offering for sale, or selling the reproduced plant or its parts
• Right to prevent importation of the reproduced plant or its parts into the United States

Additionally, as stated in the MPEP, “the rights associated with a plant patent include the rights associated with a utility patent.” The term of a plant patent filed after June 7, 1995, expires 20 years from the filing date of the application.