Office of Research, Innovation, and Economic Development

Plant Protection

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.

It is 20 years from the date of the application.

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.

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