Golf Grass Patents Are Far and Few Between… A Post for the Golfer with a Green Thumb
Have you ever stood on a beautiful green and wondered whether the grass was patented? I hope not. If so, you need to find other ways to relax.
Plant patents are relatively rare creatures. The USPTO website explains:
A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. This protection is limited to a plant in its ordinary meaning:
A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured."
Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area.
Algae and macro fungi are regarded as plants, but bacteria are not.
The information presented in this publication is tailored to apply to and is limited to patents on asexually reproduced plants. While the United States Patent and Trademark Office (USPTO) does accept utility applications having claims to plants, seed, genes, etc., such practice is beyond the scope of this publication. General information regarding utility practice can be obtained by calling PTO Information Services Division at 1-800-786-9199, or from a registered patent attorney. Intellectual property protection for true breeding seed reproduced plant varieties is offered through the Plant Variety Protection Office, Beltsville, Md., which should be contacted for information regarding intellectual property protection for such crops.
I was surprised to learn that only 14 plant patents directed to golf course grasses (meaning the patent specifically mentions golf course applications) have issued since 2001! They include USPN’s PP18005, PP16801, PP14395, PP14130, PP13652, PP13294, PP13105, PP13100, PP13059, PP12910, PP12665, PP12625, PP12084, and PP11781. I encourage you to check a few of them out… especially if you have a green thumb.
My personal favorite golf related plant patent is for a plant that is more likely to be found in your backyard than the local golf course. The patent is USPN PP15329 titled “Pittosporum plant named `Golf Ball`.” Check out this photo of the patented “Golf Ball” plant.
Interesting stuff.
Posted by David Dawsey PE Esq at 9/13/2007 12:00 AM 
Categories: Fascinating IP of the Week, Plant Patents, General Legal
Categories: Fascinating IP of the Week, Plant Patents, General Legal
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