A plant patent application generally includes a specification and claim describing the new plant, a “drawing,” usually in the form of one or more color photographs, and the filing fee. Two copies of the a color photograph showing the distinguishing features(s) must be submitted when the color of the flower or plant is a distinguishing characteristic.The description of the plant variety should be as reasonably complete and detailed and expressed in botanical terms and form followed in standard botanical textbooks.

It is mandatory that the specifications include the origin or parentage of the plant sought to be patented and the geographic location and manner the plant has been asexually reproduced (cuttings, buddings, grafting, etc.). When color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color atlas or dictionary. The Royal Horticulture Society Color Chart is preferred. When the plant originated as a newly found seedling, the specification must particularly point out the location and character of the area where the seedling was discovered to establish that it was not found in an uncultivated state.


Howard M. Cohn & Associates has extensive and varied experience in all aspects of Intellectual Property law, with a unique specialty in patent and trademark preparation and prosecution. Schedule an appointment or call us at 800-613-1067.