U.S. Patent No. PP30,872 P2 (‘872) issued on September 3, 2019, for “Phalaenopsis Orchid Plant Named ‘Phalgaqxyk’.” It was issued to inventor Martinus Nicolaas Gerardus Van Swieten of Utrecht, Netherlands. The applicant/assignee is Anthura, B.V., of Bleiswijk, Netherlands. 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 Phalaenopsis hybrid and the varietal denomination is ‘PHALGAQXYK’ (MPEP 1601).
Figure 1 below illustrates the plant ‘PHALGAQXYK.
For plant patents, the utility requirement under 35 U.S.C. §101 is replaced with distinctiveness, and the ‘872 patent’s distinctiveness over the prior art as described in the specification is shown as:
- Light purple flowers with reddish-purple shade and light purple lips;
- 1 to 3 peduncles;
- Peduncle is long and sturdy; and
- Shape of the leaf is narrow oblong.
All plant patents have a 20 year term from the filing date, and the ‘860 patent expires on November 9, 2038 (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.