It's been a little while since we've talked about patent
protection on the blog, but a recent consultation reminded me a
primer on the different types of patents potentially available
could be beneficial. Here in the United States, there are three
broad categories of patents, all of which are governed by the
Patent Act (or more formally, Title 35 of the United States Code).
I'll cover each below.
Plant patent
At its base, a plant patent protects a new plant created by a
person. It can be granted to anyone who:
invents or discovers and asexually reproduces any distinct and
new variety of plant, including cultivated sports, mutants,
hybrids, and newly found seedlings, other than a tuber propagated
plant or a plant found in an uncultivated state. 35 U.S.C. §
161.