Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of title. (Amended September 3, 1954, 68 Stat. 1190). The plant patent must also satisfy the general requirements of patentability. The subject matter of the application would be a plant which developed or discovered by applicant, and which has been found stable by asexual reproduction. To be patentable, it would also be required: (1) That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area. (2)That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke. (3) That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant. (4) That the plant has not been sold or released in the United States of America more than one year prior to the date of the application. (5)That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent. (6) That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc. (7) The invention would not have been obvious to one skilled in the art at the time of invention by applicant. For us to be successful, we need to understand your needs and deliver technologies that meet your needs. This is the essence of co-creation or synergy. We both benefit from having an ongoing relationship. With this in mind, we want to emphasize our commitment to you, our customer. You are the reason we are in business. Lewis' original idea came from working with people like you — people with a desire to better understand how the IP landscape influences business strategy and decision making. our commitment to you. For us to be successful, we need to understand your needs and deliver technologies that meet your needs. This is the essence of co-creation or synergy. We both benefit from having an ongoing relationship. With this in mind, we want to emphasize our commitment to you, our customer. You are the reason we are in business. Lewis' original idea came from working with people like you — people with a desire to better understand how the IP landscape influences business strategy and decision making. Here at IP Street, we believe you belong on a pedestal. Rather than develop technologies and impose them upon you, we are interested in providing a different model. Listening to you, understanding what you need based on our subject matter expertise, and then providing tools that meet those needs. So far, we have heard that you want a simplification of complex patent documents. You want more than search results, you want visual results that have concrete, real-world significance. You want efficient patent search tools, better resources to patent duration and determining patent value. You want business intelligence from IP that is meaningful and actionable. Are we right? For many of you, based on what you have been telling us about what our product can do, we believe we are. However, we are still listening. So if you have further suggestions and wishes, please do not hesitate to contact us. Asexual reproduction is the propagation of a plant to multiply the plant without the use of genetic seeds to assure an exact genetic copy of the plant being reproduced. Any known method of asexual reproduction which renders a true genetic copy of the plant may be employed. Acceptable modes of asexual reproduction would include but may not be limited to: (1) rooting cuttings (2) apomictic seeds (3) grafting and budding (4) division (5) layering (6) bulbs (7) slips (8) rhizomes (9) corms (10) runners (11) tissue culture (12)nucellar embryos |