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       lant patents protect any distinct and new variety of asexually-reproducible plant, including cultivated sports, mutants, hybrids, and newly-found seedlings. Tuber-propagated plants (such as Irish potatoes and Jerusalem artichokes) and plants found in an uncultivated state may not be patented. The usual cost of preparing and filing a plant patent application is between $4,630 and $7,560, broken down as follows:

FILING FEE $360 - $720
  ATTORNEYS' FEES $4,000 - $6,000
  MISCELLANEOUS EXPENSES $300 - $900

  TOTAL: $4,660 - $7,620


      These are only rough estimates to assist you in planning, and do not include the cost of color drawings or color photographs, which are necessary when color is a distinguishing characteristic of the new variety. Additional prosecution fees are usually on the order of $800 - $2,500. An issue fee of $595 ($1,190 for inventive entities having 500 or more employees) is payable to the U.S. Patent and Trademark Office upon allowance.

      A plant patent is in force for twenty (20) years from the date of filing, and gives the patentee the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced.

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