Plant Patent Application
U.S. plant patent application. 20 years of protection for new varieties of asexually reproduced plants.
Plants that may be patented include: new vegetables, spores, hybrids, mutants, and ornamental variants, as long as they were not found in the wild but obtained through human intervention. Tubers and sexually reproduced plants cannot be patented.
To be patentable, a plant must be considered by the USPTO as Novel and Non-obvious. Read more about the conditions of Patentability in the U.S. before proceeding with your order. If you still have questions, we recommend requesting a Free quote or request a Patentability Study.
USPTO EXTRA COSTS
In addition to the flat fee for our professional services, you will need to cover these fixed fees required by the Patent Office:
Micro Entity
Small Entity
Large Entity
Filing Fee
$48
$96
$240
Search Fee
$97
$194
$485
Examination Fee
$145
$290
$725
Total:
$290
$580
$1,450
All these costs are required to apply for a Plant Patent and are included in the final price you will see when selecting the entity type that applies to you.
CHOOSE THE OPTION THAT FITS YOUR NEEDS
Plant Patent Types
Simple ($1,250)
Medium ($1,565)
Complex ($1,875)
Includes:
Includes:
Includes:
1 drawing
5 drawings
8 drawings
1 Claim
1 Claim
1 Claim
No Coverage*
Coverage* $190
Coverage* $375
Notes: The included drawings are photographs or digital adaptations of them. If you wish to add watercolors or artistic drawings of your plants, the fees for complex additional drawings apply.
Coverage does not apply to the initial USPTO costs detailed above.
MICRO, SMALL, OR LARGE ENTITY?
To qualify for the discounted prices, you must file a form with the USPTO stating the reasons and obtain Micro Entity or Small Entity status.
The criteria are as follows:
ME - Micro Entity:
Must qualify as a Small Entity
No inventor may have been named on more than 4 previously filed patent applications (not counting provisionals)
No inventor may have a gross income greater than $251,190 per year (unless employed by a U.S. public university)
They must not have assigned, or be obligated to assign, rights in the patent to entities that are not themselves micro entities.
SE - Small Entity:
The inventor is an individual (or individuals) who has not assigned, and is not obligated to assign, rights in the application to entities that are not themselves small entities.
or
The owner of the patent rights (in many cases the company that hired the inventor, or that acquired the rights through an assignment) is a small or medium-sized business with no more than 500 employees (including contractors)
or
The rights holder is a non-profit organization
LE - Large Entity:
The owner of the patent rights is a large company with more than 500 employees