Can Your Plant Be “un-patentable"?
There are many ways in which a plant can be proved un-patentable, and it is often a complicated matter. Here are some ways in which your plant may not be patentable. Even if your plant cannot be patented there are alternatives that may still generate some income.
If your plant is an unimproved species, not a hybrid
Generally patent laws do not allow you to patent plants that are identical to existing species in the wild. If you are unsure of how to proceed, contact Proven Winners for a free consultation.
If your plant is not sufficiently different than another given hybrid
This is something that you need to be able to prove otherwise the course becomes much more difficult. Proven Winners can help with this by comparing your hybrids to industry standards as part of their trialing process.
If your plant has already been given away or sold publicly in the US more than a year ago
Sadly plants that have been in the industry for more than a year become un-patentable. This is also true for plants used in public settings, display gardens, or any other public or published forum. If you have questions on a plant contact us.
If your plant has been available or for sale in another country for more than a year
The same general rules apply to plants publicly available in other countries. Again contact Proven Winners if you have a question regarding a plant under these circumstances. Your best bet for finding out the truth about your plant is to contact Proven Winners to help you through the process.