Dallas, TX asked in Patents (Intellectual Property) for Illinois

Q: Hello, applying a protocol to control a plant growth habit that result in more productivity, can be patent?

In my researches on a plant species which produce flowers one time in each year, I found a protocol that let me to control growth habit of this plant under greenhouse conditions and result in flowers more than one time in each year. Can this protocol be registered as a patent?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: In my slide set on protecting competitive advantages ( http://bit.ly/Protecting_Advantages ), I note that some patents protect new features in a product and some patents protect improved ways of making the product. If you have found a way to increase the annual yield of a plant to produce more flowers, that could be patented.

Naturally, you would have to clear the normal hurdles of being a new idea and being a non-obvious step beyond any possible combination of prior art.

If this is valuable, then you should consult with patent attorney from anywhere in the country that has the right skill set to help you produce a quality patent application.

I hope this helps.

Kevin E Flynn

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