Apply for Patent: legal protection backed by the US government with your plant

To apply for patent on an object, design, or plant, the USPTO is the right organization for American citizens. This is true even if you wish protection overseas; the first step is to get coverage in America.

The three different types of patents are the utility, design, and plant. Each one is for a specific type of invention, but they all receive the same protection.

The procedure for filing the patent is the EFS-Web system. This is an electronic system that accepts the application, which is in PDF form and text files for the description of the invention. This is for the utility and design applications. The plant application is done by a separate means. If you are planning on filing a plant application, the USPTO request that you first contact them to ensure your plant and your application has met all of the requirements to receive a patent.

It is not required, but is highly recommended, that you retain the services of a patent lawyer if you are filing for a plant patent. The USPTO has a list of qualified and authorized patent lawyers they will work with. These lawyers are registered with the USPTO, which is a requirement to handle any dealings with the USPTO.

In the application, color drawings are not permitted of the plant.

The patent for a plant will only last for 20 years from the day of its filing. After that time, the content of the patent becomes public domain and no extension of the patents will be granted.

When you apply for patent, be ready to disclose all the details and secrets for the best chance of being approved.