Frequently Asked Questions (FAQs) about Plant Protection

What are the options to protect new plants?

Any asexually propagated (e.g. grafting, budding, and rooting) plants can be protected by patents. The application is filed with the U.S. Patent and Trademark Office.

How long is the plant patent term?

It is 20 years from the date of the application.

How are new sexually reproduced plants protected?

Sexually propagated (through seeds) plants are protected by the Plant Variety Protection Act (PVPA). The application is filed with the U.S. Department of Agriculture. It is not a patent, but it does have similar ownership rights.

How long is the Plant Variety Protection good for?

The protection term for most crops is 20 years, and for trees, shrubs, and vines it is 25 years.