Plant Patent

Definition

A plant patent protects a new and distinct plant variety that has been reproduced asexually, such as through grafting or cutting, rather than from seeds.

Why It Matters Legally

Plant patents give breeders and growers exclusive rights to propagate and sell a new variety, protecting significant investment in cultivation. They are a specialized but valuable tool for the agriculture and horticulture industries.

Example Use Case

A horticulturist develops a new rose variety with an unusual color and obtains a plant patent, preventing nurseries from propagating and selling it without permission.

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Related Terms

Utility Patent, Design Patent, Patent, Patent Application, Patent Term