• What are the options to protect new plants?
• How long is the plant patent term?
• How are new sexually reproduced plands protected?
• How long is the Plant Variety Protection good for?

What are the options to protect new plants? (Back to Top)

Any asexually propagated (e.g. grafting, budding, and rooting) plants can be protected by patents. The application is filed with the U.S. Patent and Trademark Office.

How long is the plant patent term? (Back to Top)

It is 20 years from the date of the application.

How are new sexually reproduced plants protected? (Back to Top)

Sexually propagated (through seeds) plants are protected by the Plant Variety Protection Act (PVPA). The application is filed with the U.S. Department of Agriculture. It is not a patent, but it does have similar ownership rights.

How long is the Plant Variety Protection good for? (Back to Top)

The protection term for most crops is 20 years, and for trees, shrubs, and vines it is 25 years.