FAQ - Plant Protection

  1. What are the options to protect new plants?
  2. How long is the plant patent term?
  3. How are new sexually reproduced plants protected?
  4. How long is the Plant Variety Protection good for?

1. What are the options to protect new plants?

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.

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2. How long is the plant patent term?

It is 20 years from the date of the application.

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3. How are new sexually reproduced plants protected?

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.

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4. How long is the Plant Variety Protection good for?
The protection term for most crops is 20 years and for trees, shrubs and vines it is 25 years.

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