A plant patent is a US form of patent that protects a new and distinct plant variety that has been asexually reproduced, for example propagated by cuttings, grafting or tissue culture. It gives the owner the right to exclude others from asexually reproducing, selling or using the plant, for 20 years from filing. Tuber-propagated plants and plants found in an uncultivated state are excluded.
In practice
In cannabis, plant patents cover specific clones: one genotype, described by its distinguishing traits. A plant patent does not cover seed-grown offspring of the plant, which is where utility patents and plant variety protection differ. Patents on cannabis plants are public records and can be searched in patent databases.
GenetixBay presents patents as documented facts. The concern is structural: patents plus consolidation can restrict the commons and narrow the gene pool, which is why open preservation and documentation matter. See patents and the gene pool.
Rules differ by country, state, province and city, and change often. This is a general definition, not legal advice: check local rules.
Don't confuse with
- Utility patent: can cover plants, traits, seeds and methods.
- Plant variety protection: a separate breeders' rights system.
