Michael J. Foycik Jr., Esq.

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A plant species
Each “how to patent” subject is discussed in detail below. Here are ways to get a patent.

This is very rare, but can be done! The inventive species is identified.

First, a drawing is made showing the inventive species. This is best done by a color photograph.

A claim or claims and an abstract would be added. And, standard text is added including sections titled: background of the invention; summary of the invention; brief description of the drawings; and an abstract of the disclosure. This part is not usually hard to do, but can be time consuming.

Then, a Declaration is prepared showing the name of the inventor and title of the invention. This is from a standard form provided by the US Patent Office.

Last, a cover page including a Transmittal sheet is prepared, listing what is being filed with the US Patent Office. The Transmittal page normally will include a check for the amount of the US government filing fee, and a postcard filing receipt. The check can be omitted, as can the signed Declaration, but in that case the US Patent Office will send a notice asking for those items along with a relatively small late fee.

The drawings may or may not be accepted as filed. If not accepted, the US Patent Office sends a notice, and sets a time period for submitting the formal drawings. A specially skilled draftsman normally prepares the formal drawings, since the US Patent Office has very specific and detailed requirements for the drawings. We work with a skilled patent draftsman, to provide the formal drawings.

The application is examined by the US Patent Office. If granted, the application matures into a plant patent. A granted plant patent can be enforced in court, and it can be assigned and licensed too.

We can prepare a patent application for you, discussing how to patent your invention. We would discuss it with you to find out your goals and interests, and what you are seeking to protect. We explain what might help, and the lowest cost ways to get the needed protection. This is at no charge. At this point we usually can provide a fixed fee estimate, based on your brief description of your idea. That is confidential. If you wish to proceed further, then you would provide one half the estimated amount in advance, and the other half after you have approved a final draft that is ready for filing with the US Patent Office.

And that is how to patent a plant species!

The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.