Plant patent

A plant patent is a type of patent (other types being utility and design). Plant patents are of significance to the cannabis industry, which is allowed to obtain patents even though federal law prohibits cannabis.

Plant patents do not cover varieties, and the law is such that infringement is difficult to prove unless there is an eyewitness. In some ways plant patents are analogous to copyrights, as it is in the specific representation that makes a difference.

In some ways a plant patent is easier to obtain than other types. Utility patents can cover plants and seeds.

Natural strands of cannabis are difficult or impossible to patent, under the Diamond Supreme Court case.

Plant patents, in contrast with other types, do not entail maintenance fees and consist of only one claim. Plant patents are also free of a publication requirement.