Generally, a patent is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. The purpose of the patent system is to encourage inventors to develop the state of technology by granting them special rights to benefit from their inventions.
Plant patents are, as you guessed by now, about plants. As in, those living, growing, and beautiful organisms that cover this green earth. Plant patents are usually given to the people who have invented a new plant hybrid. Additionally, it is also given when a new variety of plants has been discovered, and the person has successfully been able to reproduce it. We may wonder how every plant is patented. Coming to the point, not every plant is patented. For instance, the patent office will not issue a patent for a tuberous plant. The maximum duration of the plant patent is twenty years.
A plant is considered by the patent and trademark office as being a living thing that has its own natural composition. The natural composition of a plant is made possible by the genes the plant possesses. These genes can be reproduced in an asexual capacity, enabling the genes to be transferred to daughter plants.
The most natural forms of plants granted patents are mutants, hybrid plants, and plants that have felt a type of transformation. A mutant plant can be formed by one of two sources that are discovered naturally, or created. Moreover, the plant can be alga or a macro fungus, but bacteria do not qualify.
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.
In India, according to the Patent Act of 1970, an application for a patent may be obtained by the actual inventor of the invention or an administrator of the right to make an appeal or a legal representative of either. It is the person who first applies for a patent who is designated to the grant. A prior inventor of the invention who applies consequently will not get the patent as against the first applicant.
A person who has merely described the idea to another, who gave practical shape to the idea and emerged the invention, cannot claim to be the first and true inventor. A foreign national citizen abroad is not prevented from producing an application and acquiring 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.s
An application for a patent in the prescribed form along with the prescribed payment should be filed in the relevant office of the patent department. An application is expected to be filed according to the territorial borders where the aspirant or the first-mentioned candidate in case of joint aspirants for a patent habitually resides or has a residence or has a place of business or the place from where the design started. If the applicant for the patent or party in a process holding no business places in India, the suitable office will be according to the address of service in India provided by the applicant or party in a proceeding.s
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.
It is used to provide information compared to patent applications filed in other countries for the prevailing invention. You would undertake that you will be retaining the patent office notified in writing the details concerning identical applications for patents registered outside 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.
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