How does a plant patent application differ from other types?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 201 - Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter