Also includes certain living organisms. An improvement of the above patentable matter, if it is distinct. The term of a design patent is 14 years. P LANT Plant utility patent protection is available for biotechnology processes, genes, seeds, plant parts, cultivates, and hybrids. Utility patents may also be obtained on plants if the invention is new, useful, and not obvious.
Plant protection is available under the Plant Patent Act for asexually reproduced plants only.
The Plant Variety Protection Act provides patent-like protection for sexually reproduced plants. Provisionals can provide up to twelve months to further develop the invention, determine marketability, acquire funding or capital, seek licensing or manufacturing.