American Green Inc (ERBB)

[thebaseballdoctor]

To my knowledge, you cannot patent a plant...unless it can be tied in with another solid product. Also, processes such as this can be patented, but they have to jump through much more stringent hoops.

Here is some info that may apply:

Patentability

The USPTO tests patent applications for novelty, utility, non-obviousness and description. A marketing strategy applying for protection as a process must also meet these guidelines. "Novelty" means that no protected aspect is already patented and that no one has published or publicly demonstrated the process more than a year prior to the application. "Utility" means that the process has an industrial application and the USPTO finds most anything to be useful, whereas "non-obviousness" means that the process cannot be a logical improvement or process that any person could concoct without specialized training. According to IP Watchdog, the description is key for processes.

Description

IP Watchdog states that, following the Bilski decision, a patent application for a process or strategy must clearly demonstrate through the description that the strategy constitutes a new invention. Furthermore, the description must show that this invention is "concrete and tangible." A patentable marketing strategy must go beyond concepts and constitute a novel presentation method or delivery process -- complete with a detailed technical description prepared by a patent attorney experienced in patent prosecution for processes.