A patent is a legal document that has been authorised by the government and grants an inventor the only authority to create, use, and market an invention for a predetermined period of time. By giving them exclusive rights to profit from their discoveries, the patent system helps to motivate inventors to advance technology.
The focus of plant patents is on plants. Specifically, the gorgeous, vibrant, and alive species that cover the earth. People who have created novel plant hybrids typically receive plant patents. Additionally, it is granted when a new plant variety has been found and successfully reproduced by the individual. We might question why each plant has a patent. Finally, not all plants are protected by patents. The patent office, for example, won't grant a patent for a tuberous plant. The plant patent may be held for a maximum of 20 years.
The Patent and Trademark Office regards a plant as a living item with its natural makeup.
The genes that a plant carries allow for the plant's inherent composition. These genes have the ability to multiply asexually, allowing them to be passed on to daughter plants.
Mutant, hybrid, and transformation-aware plants are the most organic types of plants that are eligible for patents. One of two sources—either one that is made or discovered naturally—causes a mutant plant to develop. Bacteria do not qualify as a plant; however, an alga or a macrofungus may.
A plant patent is an intellectual property right that prevents an original or individual plant’s key features from being copied, sold, exchanged or used by others. A plant patent can assist an inventor to acquire higher profits during the patent protection period by preventing opponents from using the plant. Tubers such as potatoes are also not eligible for plant patents, or for plants that are unique only because of growing conditions of soil fertility.
A patentable plant can be natural, bred or somatic which is created from non-reproductive cells of the plant. It can be created, invented or discovered, but a plant patent will only be given to a discovered plant if the discovery is done in a cultivated area.
It is critical to identify who invented or discovered a new plant. There may be several steps required to develop a plant invention, as there may be one or more co-inventors.
To get a plant patent, it has to apply in the legal definition of what is protectable. A person can obtain a plant patent if he/she invents them and asexually reproduces any new type of plant, including cultivated sports, mutants, hybrids combination, and newly found seedlings, other than a tuber produced plant or a plant found in an uncultivated state.
It must be sexually reproduced. Simply means that the plant grows without fertilized seeds. It is preferably able to be reproduced without artificial or synthetic means.
To be patentable, the following must be true about the plant:
The drawings or photographs for showing the most distinctive and novel features. Whatever is stated in the claim language from the needs should be shown in the drawings.
Before applying, all the parts of the plant should be thoroughly observed for at least one growth cycle and any observations or findings should be recorded in detail and submitted along with the application.
The real inventor of the invention, the administrator of the right to appeal, or a legal agent of either may submit an application for a patent in India under the terms of the Patent Act of 1970. The individual who will receive the grant is the one who first applies for a patent. In contrast to the initial applicant, a previous inventor who applies will not be granted the patent.
A person cannot claim to be the original and true inventor if they only described the idea to someone else who then put it into practise and created the creation. It is not impossible for a citizen of a foreign country to submit an application and obtain a patent in India.
The power of plant variety and farmers right Act, 2001 is an Act of the parliament of India that was established to present for the establishment of an adequate system for stability of plant species, the benefits of farmers and plant breeders, and to support the growth and cultivation of new species of plants.
The appropriate office of the patent department should receive a patent application in the prescribed form and with the authorised fee. According to the geographical limits where the applicant—or the first-mentioned candidate in the case of joint applicants for a patent—habitually resides, has a domicile, has a place of business, or the location from where the design originated, an application is expected to be filed. If the patent applicant or party to a proceeding does not have a place of business in India, the appropriate office will be determined by the address for service in India provided by the applicant or party.
Form 2 is used to furnish your patent stipulation. It may be provisional or a complete patent specification depending on the type of patent application you are filing.
In order to compare the prevailing invention to patent applications made in other nations, it is used to offer information. You would commit to keeping the patent office informed in writing of any information pertaining to similar applications for patents registered outside of India.
This application is used to declare the inventors of the prevailing patent application.
Form 26 is used to specify the power of attorney to the patent agent to deal with the patent application, correspondence and communication on your behalf.
Due to the complexity of the process and the need for a complete grasp of the legal criteria for obtaining a plant patent, Vakilsearch is here to assist you with quick and hassle-free plant patent registration. For a period of 20 years after the date of the patent application was submitted, the holder of a plant patent has the only right to sell, use, and grow the plant. Our scalable team of experts can guide you through the procedure and ensure the applications are prepared and submitted correctly. In addition, we offer counsel and direction on other legal matters pertaining to plant patents, like licensing and the enforcement of patent rights.