Plant Patents

A plant patent protects the invention or discovery of an asexually reproduced plant species.

Whoever 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, may obtain a patent therefor, subject to the conditions and requirements of this title.

— 35 U.S. Code § 161.

The provisions covering utility patents generally apply to plant patents.

The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.

— 35 U.S. Code § 161.

For example, the plant patent is subject to the general requirements on patentability and lasts for 20 years from the date of filing an application.