What is the difference between utility patents and plant patents for plants?
While both utility patents and plant patents can cover plants, they differ in scope and requirements. According to MPEP 1601:
“It is noted that the plant patent statute does not preclude the granting of a utility patent for plants, seeds, or plant parts or of a design patent for an ornamental design of a plant.“
Key differences include:
- Plant patents are limited to asexually reproduced plants, while utility patents can cover sexually reproduced plants, plant parts, and seeds.
- Plant patents have a single claim, while utility patents can have multiple claims.
- Utility patents require a more detailed description and enablement of the invention.
The choice between a plant patent and a utility patent depends on the nature of the plant invention and the desired scope of protection.
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