A plant patent is granted by the United States government to a person who has invented or discovered and asexually reproduced a distinct and new variety of plant (other than a tuber propagated plant or a plant found in an uncultivated state).

Plant patents, which last for 20 years from the date of filing the application, protect the patent owner’s right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the reproduced plant throughout the United States, or from importing the reproduced plant into the country.

In Washington State, a global leader in apple and cherry varieties, plant patents have often been related to fruit trees. But today, new valuable crops have been introduced, such as in the cannabis space. In 2021, nearly $600 million in legal cannabis income and license fees were collected by the state.

AEON Law attorneys not only have the knowledge to prosecute plant patents but have experience when helping clients decide what to protect using their life sciences and technology backgrounds. We use a flat fee structure to give clients predictability and our goal is to educate clients and strategize with them to make the best decisions to move their businesses forward.