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Avocado tree called Lamb/Hass plant patent USPP9753P.

Is this a 20 or 25 year protection.

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2 Answers 2

As Mr. White points out, on June 8, 1995, GATT was enacted ultimately changing the term for plant patents to 20 years from filing. To cover the transition, Congress made a special exception for patents that issued in the six-month period after the enactment (June 8, 1995) or that issued from an application that was filed before June 8, 1995. These patents have a term that is the greater of the 20-year term from filing or 17 years from issuance.

Of general interest is this patent-term calculator: http://www.uspto.gov/patents/law/patent_term_calculator.jsp

Plant patents should not be confused with Plant Variety Protection Act certificates. Prior to the 1994 amendments, the original Plant Variety Protection Act (1970) provided 18 years of protection for non-woody plants. However, applications submitted prior to April 4, 1995 (effective amendment date) may be re-submitted in order to secure the extended term of protection provided by the amendments.

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Plant patents, like utility patents, have a term of 20 years from application. This was filed one day before the GATT change went into effect so it gets the longer of 20 years from application or 17 years from grant.

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