Plant IP Protections In The U.S.

You have discovered a new plant variety. How do you protect your intellectual property (IP) rights in the U.S.? What are some of the available forms of protection, and what is the right form for you?

There are at least three options for plant protection – a plant patent, a utility patent, and a plant variety protection (PVP) certificate.

Plant Patent

A plant patent protects a new, distinct, and asexually reproduced plant variety. Tuber propagated plants (e.g., potatoes) or plants found in an uncultivated state are not eligible for plant patent protection. Since the first plant patent was issued in 1931 for a climbing rose characterized by its everblooming habit, more than 36,550 plant patents have been issued up to April 2025.