A plant patent is granted by the USPTO to an individual who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
This patent is granted to inventors that have created a living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured." Also new hybrid, mutants, cultivated sports, algae and macro fungi. Few inventors apply for this type of patent.
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