Plant Patents
Plant patents may be granted for inventions or discoveries or for the asexual reproduction of any new and distinct variety of plant. Asexual reproduction means reproducing the plant by grafting or cutting the plant or by using other asexual methods other than reproducing it by seed.
Plant reproduction is characterized by the discovery of asexual reproduction. This may involve the generation of mutations or hybrid varieties including newly discovered seedlings by breeding different plant varieties.
The plant patent focuses more on traditional horticulture and protects the inventor's rights by preventing others from creating or deriving a plant variety from the plant for approximately 20 years from the date of filing the patent application. The life of plant patents is 20 years from the date of filing and there are no maintenance fees.
Patent Application
A patent application is an application filed for the grant of a patent, usually for an inventive idea discovered and then described by the applicant.
A proper application will consist of a description of the inventive idea (which may or may not be initially detailed), along with the required forms and the applicable application fee. Each patent application serves a specific purpose, although they come in different types.
Different Types of Patent Applications
The different types of patent applications are as follows – Provisional Application, Ordinary or Non-Provisional Application, Convention Application, PCT International Application, PCT National Phase Application, Patent of Addition, Continuing Patent Application, Divisional Patent Application, Reissue Application, Continuing in Parts (CIP) Application etc.
Provisional Application - A provisional application is a type of application that does not have to be written in any particular format or contain complete information. It is usually filed when the invention is not yet complete or is in the process of being researched. It is filed to claim the benefit of a priority date and to prevent others from filing a patent Colombia Phone Number Material application for a similar invention.
Non-Provisional Application - A non-provisional application for a patent filed in the Patent Office without claiming any priority from a patent application made in any convention country or without taking any related reference to any other patent application that may be pending in any office is referred to as a regular or non-provisional application. Unlike provisional applications, this type of application requires full specifications and claims.
Convention Application – A convention application is filed to claim a priority date based on a similar invention to one for which an application is filed in any of the convention countries. This allows the inventor to claim the priority of the convention country in relation to a patent filed in any other country.
PCT International Application - A PCT application is an international application, which helps an investor obtain a patent in multiple countries in a single filing, although the application will not provide an international patent grid. It is governed by the Patent Corporation Treaty (PCT) and is authorized in all contracting countries. This application provides a time of approximately 30-31 months for the application to enter into various countries from the filing of the international application or the priority date, giving the inventor additional time to process the invention.
PCT National Degree Application – It is considered necessary for an inventor to file a national degree application in each nation where they want protection by patent. The time limit for filing the same is within 31 months from the priority date or the international filing date, whichever is earlier. Each member state may increase or extend the time limit through National Laws.
Continuing Patent Application - A continuing patent application is a patent application that claims priority to a previously filed patent application. This may include a continuing, divisional, or continuation-in-part application. A continuation only allows for amendments to a claim, while a continuation-in-part application allows for an amendment to a claim as well as a description and both are generally available only in the United States. Divisional patent applications require separate filing for separate and divisible inventions and are also available in other countries.
What are the Different Types of Patents?
-
- Posts: 79
- Joined: Tue Dec 24, 2024 6:31 am