How long does a U.S. plant patent last?

A U.S. plant patent lasts 20 years from the filing date of the application.

The United States grants plant patents for new and distinct plant varieties that are invented or discovered and then asexually reproduced. Asexual reproduction includes methods such as cuttings, grafting, budding, and division, which create plants genetically matching the original variety. The patent lets its owner exclude others from asexually reproducing, selling, offering for sale, or importing the patented plant.

The term is measured from filing, not simply from the day the patent is issued. This detail explains why the owner may receive fewer than 20 years of protection after grant, because examination can take time. Plant patents also do not require the maintenance fees associated with U.S. utility patents.

The 17-year option reflects an older U.S. rule: before 1995, utility and plant patents generally lasted 17 years from grant. Design patents follow different term rules, which is another frequent source of confusion.