Chapter §24.01 Introduction
| Jurisdiction | United States |
§24.01 Introduction
The large majority of all issued U.S. patents are utility patents, which are available for the categories of subject matter enumerated in 35 U.S.C. §101—processes, machines, manufactures, and compositions of matter.1 In addition to utility patents, however, the United States also grants two other types of patents—design patents and plant patents.2 The former are the subject of Chapter 23 of this treatise.
This chapter covers plant patents, which were added to the Patent Act in 1930.3 Historically plant patents have been applied for and granted in very low numbers compared to utility patents. For example, in fiscal year 2019 applicants filed 1,168 plant patent applications in the U.S. Patent and Trademark Office (USPTO); the agency granted a mere 1,193 plant patents during...
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