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Proven
Winners ColorChoice Breeder Services
Plant breeders,
nurserymen and horticulturists from around the world trust Proven Winners ColorChoice to
maximize the potential of their new plant discoveries.
We have what it takes to make your shrub a
success in North American and beyond. We have the solutions you're looking
for.
Not only do we handle the plant patents, we
also offer services that no one else can match. We offer national and
international distribution, full scale production capabilities, and best
of all we promote and market your shrub under the number one plant brand
in North America - Proven Winners!
Don't settle less.
Plant breeders from the United States,
Canada, England, The Netherlands, Belgium, France, Germany, Poland,
Korea and Japan utilize Proven Winners ColorChoice to introduce their new plants.
Plant patents, breeders rights or plant variety
protection are just part of the equation. ColorChoice brings you the
compete package: plant protection, marketing, promotion and a vast
customer base looking for new plants. While most any lawyer can file a
plant patent, ColorChoice makes your new plant a market success story.
About U.S. plant patents:
U.S. law provides for the granting of a
patent to anyone who has invented or discovered and asexually
reproduced any distinct and new variety of plant, including cultivated
sports, mutants, hybrids, and newly found seedlings, other than a
tuber-propagated plant or a plant found in an cultivated state.
Asexually propagated plants are those that are
reproduced by means other than from seeds, such as by the rooting of
cuttings, by layering, budding, grafting, inarching, etc.
An application for a plant patent consists of
the same parts as other applications with the addition of a plant
color coding sheet. The term of a plant patent shall be 20 years from
the date on which the application for the patent was filed in the
United States or, if the application contains a specific reference to
an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from
the date of the earliest such application was filed.
A plant patent is granted on the entire plant.
It therefore follows that only one claim is necessary and only one is
permitted.
The oath or declaration required of the
applicant in addition to the statements required for other
applications must include the statement that the applicant has
asexually reproduced the new plant variety. If the plant is a newly
found plant, the oath or declaration must also state that the plant
was found in a cultivated area.
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