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Frequently Asked Questions

What are plant patents given for?

Plant patents are a specific type of patent protection recognized in the United States. They are granted for new and distinct plant varieties that can be asexually reproduced. This means that the plant variety must be unique and capable of being reproduced without the need for seeds. The plant patent gives the inventor exclusive rights to the plant variety, which can be licensed, bought, and sold. The purpose of a plant patent is to encourage the development of new varieties of plants. It provides an incentive for inventors to invest time, effort, and resources into creating new and improved plant varieties. The patent protection prevents others from distributing, importing, selling, using, or manufacturing the patented plant variety without the inventor's permission. To be eligible for a plant patent, the plant variety must meet certain requirements. It must be useful, non-obvious, and novel. This means that the plant variety must provide some functional benefit, it must not be an obvious development from existing plant varieties, and it must be a new variety that has not been previously patented.
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