📅 2026 Update: Recent Changes in the Plant Patent Act

Significant changes have occurred in U.S. patent law since the original article on the Plant Patent Act was published. The U.S. Patent and Trademark Office (USPTO) has updated various guidelines and processes that impact how patents, including plant patents, are managed.

The original article continues further down the page, providing foundational information on the topic.

🤖 Revised Inventorship Guidance

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This rule applies even if artificial intelligence systems assist in creating the invention. This change highlights the distinction between human inventors and AI tools in the patent process.

💵 Patent Fee Adjustments

As of January 19, 2025, the USPTO has updated its patent fee structure. These adjustments are aimed at improving the efficiency of the U.S. patent system. The new fees affect various aspects of the patent application process, including filing and maintenance costs.

📄 New Electronic Filing Requirements

The USPTO has made electronic filing mandatory since April 18, 2023. All patent grants must now be submitted electronically through the Patent Center. This change is intended to streamline the application process and improve overall efficiency.

🔄 WIPO Standard ST.26 Compliance

On July 1, 2024, the USPTO aligned its regulations with WIPO's Standard ST.26. This requires applicants to submit nucleotide and amino acid sequence listings in XML format for certain patent applications. This update ensures consistency with international patent practices.

📌 Key Updates Summary

  • 🤖 Only natural persons can be named as inventors on patent applications.
  • 💵 Updated patent fees took effect on January 19, 2025.
  • 📄 Mandatory electronic filing for all patent grants began in April 2023.
  • 🔄 Compliance with WIPO Standard ST.26 requires XML format for sequence listings.

💡 Tips for Navigating the Plant Patent Process

Review all details of your situation with your attorney to ensure understanding of the current patent regulations.

📅 Understand Patent Eligibility

Familiarize yourself with the criteria under 35 U.S.C. § 101 to ensure your invention qualifies for patent protection. Meeting these requirements is crucial for a successful application.

🌐 Utilize Electronic Filing

Take advantage of the USPTO's mandatory electronic filing system. This method can save time and help ensure your application is processed more efficiently.

📞 Seek Assistance from USPTO Resources

The USPTO offers resources such as the Inventors Assistance Center (IAC). This support can guide you through the patent application process and answer any questions you may have.

🏷️ Keep Track of Maintenance Fees

Remember that maintenance fees are necessary to keep utility patents active. Patents must be maintained at intervals of 3.5, 7.5, and 11.5 years after issuance to stay enforceable.

📝 Submit Complete Documentation

Ensure that all required forms, such as the Patent Application Fee Determination Record (Form SB/06) and the Fee Transmittal (Form SB/17), are submitted with your application. Missing forms can delay the process.

🏆 Ranked by User Reviews (2026)

This section highlights services related to patent applications and intellectual property. The rankings are based on Trustpilot data as of October 2026. Keep in mind that scores may change, and star ratings can reflect customer experiences that vary widely.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 by 33,627 reviewers. It is known for a range of services, including business formation and intellectual property services. Reviewers mention that it can be helpful for navigating patent applications, though some have reported frustrating delays and scheduling conflicts.

🆓 Free Government and Nonprofit Help

Various resources are available for those seeking assistance with patent applications. The USPTO provides free help through the Inventors Assistance Center. Additionally, nonprofit organizations offer pro bono legal assistance for under-resourced inventors, making it easier to navigate the patent process.

🔎 What to Compare When Choosing a Service

  • 🏷️ Check the overall customer ratings and feedback.
  • 💼 Consider the specific services offered related to patent applications.
  • 🔍 Look for transparency in fees and costs.
  • 📞 Assess the availability of customer support and assistance.

❓ Frequently Asked Questions

❓ What is a plant patent?

A plant patent is a type of patent that protects new varieties of plants that have been asexually reproduced. It grants the inventor exclusive rights to the plant for 20 years from the date of filing.

📅 How long does it take to get a patent?

The total pendency for a patent application can vary. It depends on the type of application and other factors, including the backlog at the USPTO.

💰 What are maintenance fees?

Maintenance fees are payments required to keep utility patents in force. These fees are due at 3.5, 7.5, and 11.5 years after the patent is issued.

📄 What forms are required for filing?

Applicants must submit specific forms, including the Patent Application Fee Determination Record (Form SB/06) and the Fee Transmittal (Form SB/17), as part of the application process.

🔄 Can I file for a patent online?

Yes, the USPTO encourages electronic filing through the Patent Center. This method is now mandatory for all patent grants.

🤖 How does AI affect patent applications?

Recent guidance states that only natural persons can be named as inventors. This means AI systems cannot be listed as inventors, even if they assist in the inventive process.

⚖️ Recent Cases Involving Patent Law

Several recent court rulings have impacted the landscape of patent law, particularly regarding eligibility and inventorship. These rulings align with the ongoing discussions around the Plant Patent Act.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





The Plant Patent Act of 1930

The Plant Patent Act's provisions differ from those for utility patents partly in that the criteria of usefulness does not fully apply. Technological discoveries merit patenting if the inventor can show the demonstrable ability to achieve a reasonable end. 

Plant patents can be understood as existing for their own end, in that true and significant genetic uniqueness is the main criteria. The USPTO stipulation that a patented invention be "operative" is transformed in a plant patent to the necessity that it be "found stable by asexual reproduction."

A plant patent refers to a single breed or genome found in the plant. Mutated versions of the plant or a single specimen's unique feature, referred to as a sport, will not be protected under the initial plant patent, but must be separately protected. As in other patent law fields, plant patents can belong to multiple people, comprising both those who worked together on the same task or who separately contributed to the invention. 

Provisions of the Plant Patent Act

Because the creation of a patentable new plant varieties necessarily involves the production of new "copies" via asexual reproduction, Plant Patent Act provisions specify that people who carry out this task under supervision and without intellectual contribution to the project are not allowed to share in invention rights. The USPTO provides a listing of registered plant patent attorneys.