Growth and Evolution of Commercial Products: The Concepts Behind Plant Patents

Among the most widely consumed goods worldwide are plants. In addition to offering unparalleled cuisine and nourishment, they also serve as the interior design of a house. Because they are coveted products, plants also possess some distinction as intellectual property. Slightly different from typical intellectual property, plants take on this classification because of their novel and unique characteristics. Their originality sets them apart from other plant varieties.

Source: Vecteezy

Many people question their originality, having discovered other plant varieties that seem almost identical. This is where plant patents come in, issuing a level of uniqueness that outweighs previous plant discoveries. They place competition on a legal pedestal, protecting new plant varieties from being used, sold, or reproduced.

Plant varieties may be discovered, bred, genetically modified, and asexually reproduced. 

Function of Plant Patents

While the idea of plant patents makes sense in the legal aspect, how exactly does one go about acquiring these patents? In understanding  the patent process as a whole, what does the process of plant patents specifically entail? To better understand their role, we have to examine each type of patent that the legal field currently has in place.

Types of Patents

Plants are only one of three main types of patents. Utility and design patents each serve a specific purpose based on the type of intellectual property they protect.

Utility

Utility patents, for example, protect any novel creation that serves a specific intended purpose. This includes processes, machines, or various forms of matter that are useful in daily life. Specifically, there are patents for food that cover the sale, use, and creation of a food-making process or food type itself. These exist as utility patents because the overall process of creation is useful to others.

Recipes are a prime example of a functional process involving highly specific ingredients, instructions, and outcomes. Thus, because this recipe is directly tied to the making of certain foods, it needs a patent to prevent duplication. In another realm, biotechnology patents can protect the manufacture of medications, machines used in gene mutation, or genetically modified organisms. The common denominator is these all require a specific process of creation needing strict protection.

Design

Design patents, on the other hand, only protect the new and unique ornamental characteristics of tangible intellectual property. In other words, a product with a unique design that stands apart from similar items is eligible for a patent. This proves to be the case of various logos and labels across the world. Design patents prevent other companies from using such massive components to brand names. Take, for instance, the McDonald’s arch – its logo with the red background and yellow letter ‘M’ is recognizable everywhere. This is because of its design patent, which protects its distinguishable brand name as a top-notch fast-food chain.

Plant

Finally, plant patents differ from those above in that they protect both created and discovered intellectual property. There is a particular focus on the discovery of cultivated land. While people can certainly reproduce novel and different plant varieties, it is another story to create a vastly new cultivar. That said, inventors must be prepared for a layered process that contains various elements of patentability and entails stringent regulations.

Elements of Patentability

The elements of patentability state specifically what all forms of intellectual property need to acquire a patent. They always break into three separate categories involving conditions of non-obviousness, novelty or originality, and utility.

1. Non-obviousness requires a specific skill set for the invention that someone with ordinary skill could not replicate.
2. Novelty and Originality: a state of radical uniqueness and newness, meaning it has never been used, sold, created, reproduced, or known publicly before. It must be distinct from others of its kind.
3. Utility: a quality of usefulness and day-to-day practicality that the invention possesses. It must have at least one specific intended use.

These components act as types of intellectual property, serving as different legal protections covering the plant in its entirety. Once the inventor(s) consider these elements, they must review the requirements for plant patents and prepare for further process. A plant variety must be unique, non-obvious, and clearly defined by distinguishable characteristics in order to be eligible for a patent. In order to facilitate reproduction, the inventor must also supply thorough descriptions and illustrations. Securing a patent and defending the rights of the inventor depends on fulfilling these requirements.

Requirements for Plant Patents

Firstly, inventors should get to know the United States Patent and Trademark Office (USPTO). The USPTO holds the power to grant any and every patent in business. Inventors must provide a description of the plant’s novelty and patent drawings that highlight its unique features and distinctions.

Source: Vecteezy

Applications must prove patentability. This depends on whether a discovery counts as “intellectual property.”

It is important to note that you can list two or more inventors on the application. This includes the individual or group of individuals who made the plant’s discovery and the others who reproduced it asexually. This is also a reminder that the plant must be reproduced asexually and possess strong stability in doing so.

 Inventors have one year to file a patent application after creating or discovering a novel plant variety, due to specific policies. It is wise to apply for a utility and design patent additionally. The novel plant likely has unique physical features and a specific process of reproduction that need legal protection simultaneously.