- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Understanding Plant Patents and International Regulations
Hello fellow redditors,
I recently stumbled upon an intriguing concept known as “plant patents”. The idea behind it seems logical – who wouldn’t want to protect their efforts in creating a unique plant species in a controlled environment?
Specifically, my research led me to the revelation that there are restrictions on propagating and selling a plant known as the “ZZ Raven”, also identified as Zamioculcas Zamiifolia ‘Dowon’ – a distinct cultivar that is patented. After digging through the patent information (linked here: [ZZ Raven Patent](insert link)), it appears that this particular plant is patented solely in the United States. This raises the question – does this patent have any jurisdiction over individuals like me who reside in Belgium?
As a resident of Belgium, I have been unable to locate any patent references for the ZZ Raven in Belgium or Europe. This begs the question – does the US patent hold any influence over individuals outside of its jurisdiction? Should I be exploring other avenues to determine the applicability of this patent to my situation? Navigating through patent documents can be a daunting task, and I am unsure of what specific information to seek out.
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****** just grabbed a
Thought I’d give this a try since I’ve never searched a plant patent before. I looked for filings in EU and WIPO as well as Germany. Nothing in FreePatents showed up until I switched to US. I tried WIPO separately, but they don’t seem to recognize US plant patent numbers.
Assuming that I didn’t miss something, or that a WIPO application has still not gone public (unlikely at this point), the answer to your second question is No, the US patent cannot affect you because they only have authority over infringements in their own country. The original filing was from South Korea, so there might be rights there as well, but that shouldn’t affect you.
You should ask this question on r/patents.
This is my personal opinion backed by 20 years searching & writing US provisional applications as a patent paralegal. It is not legal advice.