Q: Are these patents limited in time ? or do they continue to apply ? for example patent number: PP19567 Kind regards
Plant patent PP19567 for Begonia 'Metallic Mist'
Begonia plant named ‘Metallic Mist’
Patent number: PP19567
Abstract: A new and distinct form of Begonia plant characterized by maple shaped leaves which are heavily silvered, with red veins and backs, pink flowers, and excellent vigor.
Type: Grant
Filed: October 23, 2007
Date of Patent: December 9, 2008
Assignee: Terra Nova Nurseries, Inc.
Inventor: Daniel M. Heims
A:
Plant patents like PP19567 for the Begonia 'Metallic Mist' are indeed limited in time. In the United States, plant patents have a term of 20 years from the date of filing the application.
For this specific patent:
- Filed: October 23, 2007
- Granted: December 9, 2008
- Expiration: October 23, 2027 (20 years from filing date)
After the expiration date, the patent protection ends, and the plant variety enters the public domain. This means that after October 23, 2027, others would be free to propagate, sell, or use this specific Begonia variety without infringing on the patent rights.
It's worth noting that while the patent protection ends, other forms of intellectual property protection might still apply, such as trademarks on the plant's commercial name. However, the specific rights granted by the plant patent will no longer be in effect after the expiration date.
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