Plant Patents

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IndaShade Kylertown, PA(Zone 5b) Jan 20, 2002

Okay experts, I have a question.

How long does a plant patent last? I have seen anywhere from 17 to 20 years from the date that a patent is applied for.

Once that patent is expired, can they reapply for another patent for that particular plant?

Thanks!

Post #21558
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Wingnut Spicewood, TX(Zone 8b) Jan 22, 2002

There seem to be two ways to "patent" or protect intellectual rights to a plant. Plant Variety Protection Act info: http://www.ams.usda.gov/science/PVPO/pvp.htm
Plant patent info: http://www.uspto.gov/web/offices/pac/plant/index.html

Both seem to last 20 years. I don't know much about the differences between the two ~ if you figure it out, will you let me know? ;-) And I don't know if they can apply to extend their protection. I think you can with regular patents.

Post #196911
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Wingnut Spicewood, TX(Zone 8b) Jan 22, 2002

I should also say that the PVPA protection can be 25 years in some cases with some types of plants ~ better explanation at the above link.

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