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4 answers

Actually, you may be able to apply for a plant patent. Here's what the USPTO says:

"A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state."

Read more about what a plant patent is here: http://www.uspto.gov/web/offices/pac/plant/index.html#1

As far as applying for the patent...

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

2006-08-01 08:04:23 · answer #1 · answered by TM Express™ 7 · 0 0

Hire a patent attorney who has experience with plant patents. This will probably be very costly.

2006-08-01 05:29:45 · answer #2 · answered by prosopopoeia 3 · 0 0

There is no such thing as a plant patent.

Patents are for intellectual propery

I.e. someone invents something.

you have not invented anything, all you are doing is taking a cutting from an existing plant.

Therefore, it cannot be patented.

2006-08-01 06:57:15 · answer #3 · answered by urbanbulldogge 4 · 0 0

I have no idea, sorry. But it must be a very unusual tree if you are currently rooting it.................Just out of interest, how have you come up with this tree. X pollination, freak of nature, what exactly have you done to create it??

2006-08-01 13:08:06 · answer #4 · answered by Ozzie 4 · 0 0

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