U.S. Plant Patents, 1931-present

The Plant Patent Act of 1930 extended patent protection to inventors who had discovered or cultivated and asexually reproduced distinct and new varieties of plants, excluding tubers (potatoes, etc.) and plants found in an uncultivated state. The first plant patent, PP1, issued in 1931. Types of plants that are eligible for patent protection include trees, shrubs, fruits, mushrooms, and grasses.

The Plant Variety Protection of 1970 provides protection in the form of exclusive marketing rights for sexually-reproducing plants. The PVP is administered by the U.S. Department of Agriculture.

Plant patent applications are assigned serial numbers in the same series as utility patent applications. As of January 2016, more than 26,000 plant patents have been granted.

Table 1. U.S. Plant Patents, 1931-present