Utility patents can be granted for plants that are reproduced by seed (sexually) as well as for new traits or biotechnological processes, including genetically engineered characteristics like disease or pest resistance. These patents are commonly used by breeders and researchers working with complex plant traits or genetic modifications.
Utility patents protect a wider range of inventions than plant patents—including DNA sequences, plant parts, methods of breeding or genetic engineering, and specific plant traits.
Like plant patents, utility patents last for 20 years, but their application requirements and scope are broader and typically used for “human-made” plant varieties, especially in agriculture and biotechnology.
Utility patents have played a major role in the commercialization and ongoing innovation in plant breeding and genetically modified crops. This has led to passionate discussions about their impact on farming, markets, and access to seeds.