📅 2026 Update: Changes in Patent Law Affecting Plant Patents

Since the original article was written, there have been several important updates related to patent law. These changes can impact how plants are patented and the overall patent process. The earlier article continues further down the page, providing foundational information on this topic.

🆕 Revised Inventorship Guidance

In November 2025, the USPTO clarified that only natural persons can be listed as inventors on patent applications. This is true even if AI systems help during the invention process. This change emphasizes the role of human inventors in patent law.

💰 Patent Fee Adjustments

Starting January 19, 2025, the USPTO updated its patent fee structure. These adjustments support the efficient management of the U.S. patent system. Applicants should review the new fees as they prepare to file.

📄 Changes to WIPO Standard ST.26

As of July 1, 2024, the USPTO aligned with WIPO's Standard ST.26. This requires the submission of sequence listings in XML format for patent applications involving nucleotide and amino acid sequences. This update is particularly relevant for patents related to plant biotechnology.

📅 Comment Period Extension

The USPTO extended the comment period on patent subject matter eligibility guidance to October 16, 2024. This includes discussions around artificial intelligence and its role in patenting. Stakeholders have the chance to provide input, shaping future patent regulations.

📌 Key Points Summary

  • Natural persons must be named as inventors even with AI assistance.
  • New patent fees took effect in January 2025.
  • WIPO Standard ST.26 now requires XML format for specific applications.
  • Comment periods have been extended for stakeholder input.

💡 Tips for Navigating Plant Patents

Consider discussing your specific situation with an attorney.

🌱 Understand Inventorship Requirements

Only natural persons can be listed as inventors on patent applications. This rule remains consistent, even if AI contributes to the invention process.

📝 Keep Up with Fees

The USPTO has updated its fee schedule as of January 2025. Be aware of these fees to budget properly when applying for patents on plants.

📊 File Electronically

The USPTO encourages electronic filing through the Patent Center. This method became mandatory for all patent grants in April 2023.

📄 Use Required Forms

Ensure you submit necessary forms like the Patent Application Fee Determination Record (Form SB/06) and the Fee Transmittal (Form SB/17). These forms are crucial for a complete application.

⏳ Be Aware of Processing Times

The total time from filing a patent application to its issuance or abandonment can vary. Knowing this can help you manage expectations during the patent process.

🏆 Patent Services Ranked by User Reviews (2026)

This section highlights patent-related services that can assist with plant patents. These services are ranked based on Trustpilot data as of October 2026. Ratings can change over time, and it’s important to consider that unhappy customers often leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for its business formation services, intellectual property services, and estate planning. Reviewers note that while many find the service helpful, some have experienced frustrating delays and long wait times for appointments.

🆓 Free Government or Nonprofit Help

The USPTO offers resources like the Inventors Assistance Center (IAC) to support applicants through the patent process. Additionally, various nonprofit organizations provide pro bono legal assistance to under-resourced inventors, making it easier for them to navigate patent applications.

🔎 Factors to Compare

  • Review the Trustpilot scores of different services.
  • Examine the specific services offered related to patent applications.
  • Consider customer feedback regarding response times and support.
  • Look into any additional resources available, such as pro bono help.

❓ Frequently Asked Questions

❓ What is the role of AI in patent applications?

AI can assist in the inventive process, but only natural persons can be named as inventors on applications. This means AI cannot be credited as an inventor.

📅 How have patent fees changed recently?

The USPTO updated its fee structure effective January 19, 2025. Applicants should be aware of these changes when planning to file.

📝 What forms are needed for a patent application?

Applicants must submit essential forms like the Patent Application Fee Determination Record (Form SB/06) and the Fee Transmittal (Form SB/17) along with their applications.

⏳ How long does the patent application process take?

The total processing time for patent applications can vary. It depends on the type of application and other factors.

🌍 Where can I find free help for filing patents?

The USPTO provides resources through the Inventors Assistance Center. Nonprofits also offer pro bono legal assistance to those in need.

📄 What are the eligibility criteria for patenting a plant?

Inventions must meet the criteria under 35 U.S.C. § 101 to qualify for patent protection, including those related to plant patents.

⚖️ Recent Cases Related to Plant Patents

Recent court rulings have clarified aspects of patent law, particularly in relation to plant patents and the role of inventorship.

For more insights on recent rulings, check out the more rulings on the news page.

End of October 2026 Update





Plant patents are offered by the United States Patent and Trademark Office (USPTO) to those individuals or entities which have invented, discovered or asexually reproduced (produced by means other than from seeds, such as rooting or layering) a new and distinctive type of plant. 

These types of plants can include cultivated sports, mutants, hybrids, and discovered seedlings and must be different from a tuber propagated plant or a plant that has been uncultivated for some time. This patent is outlined under Title 35, Part II, Chapter 15, § 161 of United States intellectual property law. Under § 162 of the same statute, a plant patent may not be judged to be invalid for not complying with section 112 of Title 35, which details guidelines for describing a patent in the submission process, as long as the description of the plant patent is as complete as possible. The claim should be consistent with the plant that is shown and described within the plant patent application.

Plant Patent Terms:


Can Plants Be Patented?


Following the approval of the plant patent application by a USPTO examiner, the applicant is granted exclusive rights to the plant for twenty years from the date in which the application was filed. The patent holder is given the right to exclude others from asexually reproducing the plant on their own without consent. No one else may use, offer for sale, or sell the plant or parts of the plant under any circumstances throughout the United States. Also, the patented plant or its parts are prohibited from being imported from another country into the United States.



Plant Patent Application:

A plant patent application is similar to utility and design applications, though it has the addition of a plant color coding sheet. The plant patent application and other documents that must accompany it should be doubled into two copies, with only one requiring a signature. 

The unsigned duplicate copy is sent to the Agricultural Research Service at the Department of Agriculture to examine the plant variety. The description of the plant within the application should be detailed and follow standard terms of botanical text books and other related publications pertaining to plant varieties. The manner in which the plant was created should also be described in detail, including conditions of the environment, etc. 

Also, if the plant has a flower or fruit, a specimen should be submitted to the USPTO for examination if it was requested by the examiner. A plant patent drawings should not be styled mechanically, but rather, artistically done and skillfully executed. 

The drawing should have a purpose of detailing the distinct visual characteristics of the plant. If the new plant has a distinct color, the drawing must represent the plant in color.