U.S. Patent No. PP29,981 P2 (‘981) issued on December 11, 2018, for “Heuchera Plant Named “Orange Dream’.” It was issued to inventor/applicant Thierry Delabroye of Hantay, France. The assignee is Sandrine Delabroye, of Hantay, France. This patent is a plant patent under 35 U.S.C. §161, which protects new and distinct cultivars of plants. According to the specification, the Latin name is hybrid Heuchera, and the varietal denomination is ‘Orange Dream’ (MPEP 1601).
Figure 1 below illustrates the plant ‘Orange Dream’.
For plant patents, the utility requirement under 35 U.S.C. §101 is replaced with distinctiveness, and the ‘981 patent’s distinctiveness over the prior art as described in the specification is shown as:
- ‘Orange Dream’ exhibits a compact plant habit.
- ‘Orange Dream’ exhibits leaves that are orange in color.
- ‘Orange Dream’ exhibits flowers that are white in color.
All plant patents have a 20 year term, and the ‘981 patent expires on June 10, 2037 (MPEP 2701).
The Cooperative Patent Classification is A01H (new plants or processes for obtaining them; plant reproduction by tissue culture techniques).
Plant patents are a unique type of patents issued by the USPTO, although only a very small number (about 1%) are actually issued each year. Keep in mind the plants not only must be distinct, but also new, which means they must invented (i.e., man-made or genetically modified), and asexually reproducible (i.e., not through seed propagation). Plant patents represent a facsinating area under U.S. patent law.
Please contact Yonaxis for more information on plant patents, or patents in general, if you have any questions.