Plant Patent Attorney in Kansas City, Missouri

As an attorney at the Law Office of Julie Scott LLC, I've seen firsthand how plant patents can be a game-changer. They offer you, the owner, exclusive rights to your new and unique plant variety. This means no one else can make or sell your plant without your permission. It's a powerful way to protect your hard work and creativity. 

But plant patents aren't just for big corporations. They're accessible to individual inventors and small businesses too. For example, the "Honeycrisp" apple variety was patented in 1991. It's a cross between the Midwest-native Macoun and the Honeygold apple, and it was developed by some researchers at the University of Minnesota. The patent has been extensively licensed to commercial growers, granting them the right to cultivate and market their own Honeycrisps. 

If you're considering securing a plant patent and feeling overwhelmed by the process, it's crucial to seek the counsel of a skilled patent lawyer. Your attorney will be well-versed in the patent system and can provide you with the necessary guidance to protect your botanical discovery.  

Based in Kansas City, Missouri, I've dedicated my practice to helping clients throughout Columbia, Springfield, and Rolla secure and protect their intellectual property rights. Call me today at the Law Office of Julie Scott LLC to get set up with a free initial consultation. 

Is My Plant Eligible for Patenting?

To determine if your plant discovery or innovation is eligible for patenting, it must meet specific criteria set by the United States Patent and Trademark Office (USPTO).  

• The plant must be novel, meaning it cannot be identical to any other plant that's already known.  

• The plant must exhibit distinctive characteristics; it can't just be a naturally occurring specimen—one must be able to demonstrate that it's a product of your invention.  

• The plant must be asexually reproduced, ensuring that the plant's cloned specimens are genetically identical to the original.  

• The plant must have been cultivated and observed for its stability over time; this means that the plant must be capable of retaining its unique characteristics through asexual reproduction.  

If your plant checks these boxes, you can apply for a patent to gain exclusive rights to your horticultural creation. 

The Process of Getting a Plant Patent

Securing a plant patent involves a detailed process.  

Before you apply for a plant patent, make sure you do a search to make sure your plant variety is unique. It's also important to document and describe your new plant in detail. Your application may include photos and detailed drawings to help the patent examiner understand your invention. 

The elements of a plant application usually include: 

• Plant application form 

• Fee form 

• Application data sheet 

• Specification drawings 

• Inventor's oath or declaration (FYI, you are the inventor, as the discoverer of the plant) 

Once you've filed, a patent examiner will review your application at the Office of Patent Application Processing. The filing date is crucial because it establishes the priority of your patent application in case of disputes or similar applications. 

Once your plant patent is granted, it's up to you to maintain and protect your rights. This means taking legal action against anyone who uses or sells your patented plant without permission. It also means keeping up with the maintenance fees for your patent. The amount of fees may vary, so check the current patent fee schedule on the USPTO website. 

Seek Skilled Representation

Applying for a plant patent isn't something to do on a whim. It's a complex process that requires specific knowledge and experience. That's where I come in. At the Law Office of Julie Scott LLC, I provide skilled representation to guide you through every step.

With a background as a research scientist, I possess a profound comprehension of the dedication, resources, and ingenuity required for crafting novel and distinctive creations. This, I believe, is my superpower within the realm of intellectual property law. I'm not just here to walk you through the legal process. I'm here to understand your vision, your invention, and your goals.  

Based in Kansas City, Missouri, I serve clients throughout Columbia, Springfield, and Rolla. And I'm ready to help you protect your hard work. Together, we can turn your unique plant variety into a protected asset that sets you apart in the marketplace.