A plant patent costs $5,000 to $13,000 to obtain, depending on your entity size and attorney fees. That covers everything: USPTO filing, search, and examination fees, attorney preparation, botanical illustrations, and the issue fee at grant. Unlike utility patents that require thousands in maintenance fees over 20 years, plant patents have zero post-grant costs. Once you get one, the protection is fully paid for.
Plant patents are one of the three patent types the USPTO grants, alongside utility and design patents. They exist for a single purpose: protecting new plant varieties that are reproduced asexually. If you have bred a new rose cultivar, a distinct apple tree variety, or a novel cannabis strain, a plant patent is likely the right tool. About 1,000 to 1,200 plant patents are granted each year, a tiny fraction of the roughly 350,000 utility patents issued annually.
Here is what qualifies, what the costs look like, and how plant patents compare to the alternatives.
What Qualifies for a Plant Patent?
Under 35 U.S.C. 161, a plant patent covers a new and distinct variety of plant that has been asexually reproduced. Three requirements must be met:
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Novel. The plant variety must not have been previously sold, publicly disclosed, or made available more than one year before filing. The same 12-month filing deadline that applies to utility patents applies here.
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Distinct. The variety must be clearly distinguishable from existing known varieties. Distinctness can come from differences in flower color, growth habit, disease resistance, fruit characteristics, fragrance, leaf shape, yield, or any other observable trait.
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Asexually reproduced. The inventor must have reproduced the plant through cuttings, grafting, budding, layering, or tissue culture. This proves the variety is genetically stable and can be reliably duplicated. Reproduction by seed does not count because seed-grown offspring can vary genetically from the parent.
There are two explicit exclusions. Tuber-propagated plants (like potatoes) cannot receive plant patents because Congress carved out that exception in the original Plant Patent Act of 1930. Plants found in an uncultivated state also do not qualify. You must have discovered or bred the variety through human effort, not simply found it growing wild.
The scope of protection is straightforward: a plant patent gives you the exclusive right to asexually reproduce, sell, and use the patented variety for 20 years from the filing date. One plant, one patent, one claim. Plant patents always contain exactly one claim covering the plant as described and illustrated.
Cost Breakdown by Entity Size
Your total cost depends heavily on your USPTO entity classification. Micro entities pay 75% less in government fees than large entities.
| Cost Component | Micro Entity | Small Entity | Large Entity |
|---|---|---|---|
| USPTO filing fee | $230 | $460 | $920 |
| USPTO search fee | $80 | $160 | $320 |
| USPTO examination fee | $175 | $350 | $700 |
| USPTO issue fee | $480 | $960 | $1,960 |
| Total USPTO fees | $965 | $1,930 | $3,900 |
| Botanical illustrations | $500 to $1,500 | $500 to $1,500 | $500 to $1,500 |
| Attorney preparation and filing | $3,000 to $8,000 | $3,000 to $8,000 | $3,000 to $8,000 |
| Total estimated cost | $4,465 to $10,465 | $5,430 to $11,430 | $7,400 to $13,400 |
Most independent plant breeders qualify as micro entities and sit at the low end of this range. If your variety is well documented and the attorney does not need extensive prior art searching, expect total costs closer to $5,000 to $7,000.
For context on how these fees compare to other patent types, see our full patent cost guide.
Plant Patent vs. Plant Variety Protection (PVP)
Plant patents are not the only way to protect a new variety. The USDA administers Plant Variety Protection certificates for seed-reproduced plants. The two systems cover different reproduction methods and offer different levels of protection.
| Feature | Plant Patent (USPTO) | PVP Certificate (USDA) |
|---|---|---|
| Administering agency | USPTO | USDA APHIS |
| Reproduction type covered | Asexual only | Sexual (seed-reproduced) |
| Protection duration | 20 years from filing | 20 years (25 years for trees and vines) |
| Research exemption | None | Yes, breeders may use for research |
| Farmer seed-saving exemption | None | Yes, farmers may save seed for replanting |
| Typical total cost | $5,000 to $13,000 | $4,900 to $8,500 |
| Number of claims | Exactly one | N/A (certificate-based) |
| Strength of exclusion | Stronger (no exemptions) | Weaker (research and farmer exemptions) |
The key tradeoff: plant patents provide stronger protection because they contain no exemptions. Nobody can reproduce your variety without permission, period. PVP certificates are more permissive by design. Other breeders can use your protected variety as breeding stock for research, and farmers who buy your seed can save a portion for replanting on their own land.
If your plant is asexually reproduced, a plant patent is almost always the better choice. If it is seed-reproduced, PVP is your primary option unless you pursue a utility patent, which can cover seed-reproduced plants but costs significantly more and requires meeting the standard utility patent requirements for novelty, non-obviousness, and enablement.
Some breeders pursue both. A utility patent on the genetic traits or breeding method, combined with a plant patent or PVP certificate on the specific variety, creates layered protection. This is common in large agricultural companies but rarely cost-effective for independent breeders.
Botanical Illustration Requirements
Plant patents are unique among patent types because they require color illustrations. The USPTO mandates that every plant patent application include drawings that show the distinctive characteristics of the variety in sufficient detail to distinguish it from existing plants.
These are not simple line drawings like you would find in a utility patent. They are detailed botanical illustrations, typically rendered in watercolor or digital media, showing the plant’s flowers, leaves, fruit, stems, and overall habit. The illustrations must accurately depict color, because color differences are often the defining characteristic of a new variety.
Expect to pay $500 to $1,500 for professional botanical illustrations. The exact cost depends on how many views the examiner will need and how complex the plant’s distinguishing features are. A rose variety distinguished primarily by flower color might need three to four illustrations. A fruit tree variety distinguished by fruit shape, leaf characteristics, and growth habit might need six or more.
Some patent attorneys work with botanical illustrators regularly and can refer you to one. Others will expect you to provide the illustrations yourself. Either way, do not skimp on this. Poor illustrations are one of the most common reasons plant patent applications receive office actions, and each round of back-and-forth with the examiner adds $1,000 to $3,000 in attorney response fees.
Timeline: How Long Does a Plant Patent Take?
Plant patents follow a similar timeline to other patent types, though prosecution tends to be simpler because there is only one claim.
| Stage | Typical Duration |
|---|---|
| Preparation and filing | 1 to 3 months |
| USPTO examination wait | 12 to 18 months |
| Examination and office actions | 3 to 6 months |
| Issue and grant | 1 to 2 months |
| Total filing to grant | 18 to 30 months |
Track One prioritized examination is available for plant patents. It costs an additional $1,000 to $4,000 in USPTO fees (depending on entity size) but can cut the total timeline to 6 to 12 months. Whether that speed is worth the extra cost depends on your market. If competitors are propagating your variety without authorization, faster examination has real economic value.
The examination process itself is usually straightforward. Most plant patent applications receive zero or one office action. The examiner checks that the variety is novel, distinct, and properly illustrated. Because there is only one claim, claim construction disputes are rare. This simplicity is one reason attorney fees for plant patents run lower than for utility patents.
No Maintenance Fees: The Hidden Advantage
Here is something most plant breeders do not realize until they compare costs: plant patents require zero maintenance fees after grant.
Utility patents require three maintenance fee payments at 3.5, 7.5, and 11.5 years after grant. Miss one, and the patent expires. For a micro entity, those three payments add up to about $3,365 over the patent’s life. For a large entity, roughly $13,460. That is money you never have to think about with a plant patent.
Once your plant patent issues, the 20-year protection is fully paid. No renewal fees. No administrative deadlines to track. No risk of accidentally losing your patent because you missed a payment. For a solo breeder managing a portfolio of protected varieties, this is a meaningful practical advantage on top of the cost savings.
The total lifecycle cost comparison makes this clear:
| Plant Patent | Utility Patent (Micro Entity) | |
|---|---|---|
| Cost to obtain | $5,000 to $10,000 | $10,000 to $18,000 |
| Maintenance fees (20 years) | $0 | $3,365+ |
| Total lifecycle cost | $5,000 to $10,000 | $13,365 to $21,365+ |
Can You Patent a Cannabis Strain?
Yes. The USPTO examines and grants plant patents for cannabis cultivars. The variety must meet the same requirements as any other plant: novel, distinct, and asexually reproduced. Federal legality under the Controlled Substances Act has historically added complexity to prosecution, but it has not prevented patents from issuing. Multiple cannabis plant patents are now active.
If you are a cannabis breeder, the economics are the same as for any other plant patent. Budget $5,000 to $10,000 for the full process. Work with a patent attorney who has experience with cannabis IP specifically, because the intersection of federal patent law and state cannabis regulations creates unique considerations around enforcement.
Bottom Line
Plant patents are the most cost-effective patent type available. They cost less to obtain than utility patents, require no maintenance fees, and provide strong 20-year protection with no research or farmer exemptions. If you have developed a new asexually reproduced plant variety, the filing cost of $5,000 to $13,000 is a reasonable investment for two decades of exclusive commercial rights.
The process is simpler than utility patent prosecution: one claim, one variety, and an examination that rarely involves more than a single office action. The main variable cost is the botanical illustrations, and even those are modest compared to the technical drawings required for complex utility patents.
Browse patent attorneys who handle plant IP in our attorney directory, or estimate your total filing cost with our patent cost calculator.
