Peter Loffler

Registered Patent Attorney

181 Eglin Parkway
Fort Walton Beach, FL 32548

ph: 850 217-6911

lofflerpatentlaw@live.com

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Plant Patents

A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. This protection is limited to a plant in its ordinary meaning:

  • A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured."
  • Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area.
  • Algae and macro fungi are regarded as plants, but bacteria are not.

Plant patents are very specialized patents.

508 East Government Street

Pensacola, FL 32502

(850) 438-2696

lofflerpatentlaw@live.com 

181 Eglin Parkway
Fort Walton Beach, FL 32548

ph: 850 217-6911

lofflerpatentlaw@live.com