There are two types of patents for inventions relating to plants. Plant patents cover asexually reproduced new varieties of plants, while conventional utility patents may likewise be available. Many aspects of plants can be patented, including new varieties, transgenic plants, particular plant traits; plant parts and/or components (specific genes/chromosomes) and plant products (fruits or oils). Our team develops strategies suitable for each type of plant invention, and then has the expertise to do what needs to be done.
Greenblum and Bernstein represents patent owners and patent applicants in protecting their plant inventions, as well asserting and defending such patents in proceedings, such as interferences and reexaminations, before the USPTO. Greenblum and Bernstein recently successfully represented a plant developer in an interference proceeding involving a plant patent, which is the first time in approximately 80 years a plant patent has been involved in an interference proceeding. A plant patent is a unique area of patent law, involving concepts of conception and reduction to practice that differ from utility patents.