How Long are Plant Patents Good For?

Plant patents are a type of intellectual property protection granted by the United States Patent and Trademark Office (USPTO) for new and distinct varieties of plants. But how long does this protection last? In this article, we will explore the duration of plant patents and discuss some important considerations that plant breeders and farmers should keep in mind.

Duration of Plant Patents

Plant patents are granted for a period of 20 years from the date of the patent application. This means that the owner of a plant patent has exclusive rights to reproduce, sell, and distribute the protected plant variety for 20 years after the patent has been granted. After the expiration of the patent, the plant variety becomes part of the public domain and can be used by anyone.

It is essential to note that plant patents are not renewable, so the protection afforded by a plant patent lasts for a maximum of 20 years. Therefore, after the patent has expired, anyone can propagate or sell the protected plant variety without any restrictions or payment of royalties to the patent holder. It is the reason why many plant breeders often look for other forms of plant protection after the expiration of their plant patents.

What Happens After the Expiration of a Plant Patent?

After the expiration of a plant patent, the protected plant variety becomes part of the public domain, and anyone can use it for breeding, seed production, or commercial purposes. Breeders can access and incorporate the patented variety's genetic material into their own breeding programs or create new hybrids with unpatented plant varieties. Farmers can also grow and sell the unpatented plant variety without paying any royalties to the former patent holder.

It is vital to highlight that the expiration of a plant patent does not affect any existing licenses or agreements on the protected plant variety. Therefore, if a plant patent owner has licensed their plant variety to a third-party company, the license agreement can still be valid beyond the expiration of the patent. The licensee will still have to pay royalties to the patent owner for the use of the patented plant variety, even after it has become part of the public domain.

Considerations for Plant Breeders and Farmers

Plant breeders and farmers should be aware of the duration of plant patents and their implications for their business. For breeders, it is essential to have a long-term strategy for their plant breeding programs. They must decide whether to focus on patented plant varieties or unpatented ones and keep in mind that plant patents only last for 20 years. After the expiration of the patent, anyone can use the patented variety for breeding, so breeders must plan their breeding goals accordingly.

In contrast, farmers must consider the short and long-term profitability of growing patented plant varieties. They should evaluate the royalties they have to pay to the plant patent holder and compare them with the potential profits from the sale of the patented plant's seeds or products. They must also consider the market demand for the patented plant variety and whether it will remain high after the expiration of the patent.

Conclusion

Plant patents are an essential tool for protecting new and distinct plant varieties. The duration of plant patents is 20 years from the date of the patent application. After the expiration of the patent, the protected plant variety becomes part of the public domain, and anyone can use it for breeding or commercial purposes without any restrictions. Plant breeders and farmers must consider the implications of plant patents for their business and plan accordingly to maximize their profits.