How does a plant patent application differ from other types?
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 application is a specialized type of patent application designed to protect new varieties of plants. The MPEP 201 states:
A plant application is an application for a plant patent. A plant patent protects a distinct and new variety of plant that is asexually reproduced.
Key differences of plant patent applications include:
- They are specifically for asexually reproduced plants
- They protect the entire plant, not just a specific part
- They have unique requirements for description and claiming
Plant patents are less common than utility or design patents but are crucial for protecting innovations in agriculture and horticulture.
For more information on patent application types, visit: patent application types.