You have a great idea. Is patenting the best way to protect it? How much do patents cost? How do you find out if your idea is patentable?
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Robert M. Hunter, Ph.D.
Registered Patent Agent WebPatent.com |
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If you write well, preparing your plant disclosure in the format of a plant application may reduce your costs. If technical writing is a challenge for you, just use the invention disclosure checklist.
All of the disclosure is written in the present tense, except the desciption of where and who asexually reproduced the plant and, if the plant was found, the description of where it was found.
Do not try to show how your work is supported by others' work in the past. In fact, do not use the word "prior art" in the disclosure. The document must convince the reader that your invention had a "virgin birth," i.e., that your plant was derived solely from your intellectual efforts.
Submitting a digital version of the document (in Microsoft Word or WordPerfect format) is always helpful (but I can scan any typewritten text and convert it into one of those formats). The format is as follows:
Not Applicable
Not Applicable
OR
The U.S. Government has a paid-up license in this invention and the right in limited circumstances to require the patent owner to license others on reasonable terms as provided for by the terms of (Contract No. or Grant No. ____________) awarded by (agency name).
The Latin name of the genus and species of the plant claimed is __________.
The name of the variety is ________.
The genus ______ comprises _______.
The new cultivar was produced by ______.
Asexual propagation of the new cultivar was performed at ____ by _____.
(if found) The area in which the new cultivar was found was located at ____ (and describe its nature).
The following traits have been repeatedly observed to be characteristics which in combination distinguish the claimed plant from generally available _____ common in commercial cultivation:
The drawings show the colors of the new variety as nearly true as possible with an illustration of this type. In the drawings:
Fig. 1 is _____________
All color references are measured against The Royal Horticultural Society Colour Chart. Colors are approximate as color depends on horticultural practices such as light level and fertilization rate, among others, without, however, any change in genotype.
What is claimed is:
1. A new and distinct variety of _________ plant, substantially as illustrated and described herein.
A new and distinct _________ plant named _________, particularly characterized by _____.
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