Patent of the Day

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Happy Anniversary, Plant Patent No. 1

Posted by innovativeip on August 19, 2010

Today’s Patent of the Day is U. S. Plant Patent no. 1, issued August 18, 1931, to Henry F. Bosenberg for a “Climbing or Trailing Rose.”

Today's Patent of the Day

The Plant Patent Act became law in 1930, the same year that this patent was filed.  To receive a plant patent, an inventor must have invented or discovered and asexually reproduced (such as by cutting pieces of stems rather than by germinating seeds) a distinct new variety of plant, and tubers (where the part of the plant used for asexual propagation is also used for food) are excluded.  During the 20 year patent term, the inventor has the exclusive rights to asexual reproducing, selling or using the plant.  Plant patents have been credited with providing incentive for private investment in crop breeding and genetic engineering. 

If you’d like to take a closer look at this very first patent in the plant category, you can download it at http://www.innovativeip.us/images/patpp00001.8.18.pdf.  Enjoy!

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