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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
