What is the statute of limitations on plant patents?

The statute of limitations on plant patents is 20 years from the filing date. This timeframe is established under U.S. patent law, which specifies that the term of protection for plant patents lasts for 20 years from the date when the patent application is filed. This means that for the entire duration of those 20 years, the patent holder has exclusive rights to the plant variety, allowing them to control its propagation and sale.

Understanding the 20-year protection period is essential for breeders and inventors, as it provides a clear timeframe in which they can capitalize on their innovations without competition. Once the 20 years have elapsed, the plant patent enters the public domain, and others may use the patented variety without the creator's permission.

This aligns with the broader framework of U.S. patent laws, which generally set a 20-year term for utility and design patents as well. Knowing this timeline helps innovators plan for their business strategies and understand the lifespan of their intellectual property rights.