Plant patents are a third, specialized type of patent that is available for some types of plants. To be eligible, the plant must be of patentable subject matter. For plant patents, this means the plant must be an asexually reproducing plant. Asexually reproducing plants are those that reproduce other than by seeds. Some examples are plants which are capable of being produced or were produced by cuttings, layerings, buddings or graftings.
In addition to being of patentable subject matter, the invention must be a distinct and new variety of plant. For plant patents the rights granted by law include the right to exclude others from asexually reproducing the plant, from using, offering or selling the plant so reproduced or any of its parts.