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Plant Patent Attorney in Denver and Boulder, CO

Plant Patent Applications in Boulder and Denver

The law provides for the granting of a plant patent to anyone who has invented or discovered and asexually reproduced 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.

Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.

With reference to tuber-propagated plants, for which a plant patent cannot be obtained, the term “tuber” is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants covered by the term “tuber-propagated” are the Irish potato and the Jerusalem artichoke.

An application for a plant patent consists of the same parts as other applications.

The specification should include a complete detailed description of the plant and the characteristics thereof that distinguish the same over related known varieties, and its antecedents, expressed in botanical terms in the general form followed in standard botanical text books or publications dealing with the varieties of the kind of plant involved (evergreen tree, dahlia plant, rose plant, apple tree, etc.), rather than a mere broad non-botanical characterization such as commonly found in nursery or seed catalogs. The specification should also include the origin or parentage of the plant variety sought to be patented and must particularly point out where and in what manner the variety of plant has been asexually reproduced. The Latin name of the genus and species of the plant should be stated. Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary. Where the plant variety originated as a newly found seedling, the specification must fully describe the conditions (cultivation, environment, etc.) under which the seedling was found growing to establish that it was not found in an uncultivated state.

A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.

Plant patent drawings are not mechanical drawings and should be artistically and competently executed. The drawing must disclose all the distinctive characteristics of the plant capable of visual representation. When color is a distinguishing characteristic of the new variety, the drawing must be in color.

Patent Lawyer Services

Patent law is primarily federal law, as such, the law firm of Hunziker Legal Services is happy to provide attorney services to those clients that come from around the world by phone, fax, letter, and email. If you live in any of the following areas you may also come to my Denver or Boulder, Colorado office to meet me in person, my patent law firm is located in Colorado close to: Denver, Boulder, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge..

I offer the following services:

Copyright claimed in formatting, modifications, and links exclusive of U. S. government Publication https://www.uspto.gov/web/offices/pac/doc/general/

 

About Will Hunziker

I am a patent and trademark attorney working in Boulder and Denver, Colorado where I provide cheap: patent, trademark, copyright, entertainment, corporate, business, and any other legal services you may require.

If you want a lawyer who answers your calls personally and charges a cheap rate, then you have found your man. I pride myself on the fact that each and every one of my clients gets the same zealous advocacy they can come to rely on again and again.

Off-line Contact Information

Hunziker Legal Services, PLLC.

A Professional Corporation

WillHunziker@gmail.com

Phone: (720) 310-0013

Fax: (720) 306-3017

Boulder Address:

1942 Broadway St. Suite 314
Boulder, CO 80302

Denver Address:

600 17th St, Suite 2800
South Denver, CO 80202

Geographic Regions of Practice:

Our lawyers and patent attorneys represent clients throughout Colorado; including residents of Boulder, Denver, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge.

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