# Plant patent

> A plant patent, in the US, protects a new and distinct asexually reproduced plant variety, such as a clone, for about 20 years from filing.

- Canonical: https://genetixbay.com/knowledge/glossary/plant-patent.html
- Also written: plant patents, PP, US plant patent
- Glossary category: Legal and regulatory
- Status: Draft: awaiting expert review · Updated: 2026-10-31
- Licence: CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/), attribute "GenetixBay cannabis glossary"

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](https://genetixbay.com/knowledge/glossary/tissue-culture.md). 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](https://genetixbay.com/knowledge/glossary/genotype.md), described by its distinguishing traits. A plant patent does not cover seed-grown offspring of the plant, which is where [utility patents](https://genetixbay.com/knowledge/glossary/utility-patent.md) and [plant variety protection](https://genetixbay.com/knowledge/glossary/plant-variety-protection.md) 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](https://genetixbay.com/knowledge/glossary/gene-pool.md), which is why open preservation and documentation matter. See [patents and the gene pool](https://genetixbay.com/knowledge/genetics-history/patents-and-the-gene-pool.md).

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.

## Related terms

[Utility patent](https://genetixbay.com/knowledge/glossary/utility-patent.md), [Plant variety protection](https://genetixbay.com/knowledge/glossary/plant-variety-protection.md), [Defensive publication](https://genetixbay.com/knowledge/glossary/defensive-publication.md), [Clone-only](https://genetixbay.com/knowledge/glossary/clone-only.md)

## Read more

- [Patents and the gene pool: who can own a cannabis plant?](https://genetixbay.com/knowledge/genetics-history/patents-and-the-gene-pool.md)

## Sources

1. United States Code, Title 35, sections 161-164 (Plant Patents).