Judges Probe Whether Home Depot Event Precludes Seed Patent

A Federal Circuit panel evaluated Thursday whether a 2011 Home Depot event that exhibited a “Cherry Star” ornamental flower was enough to prevent the variety from gaining patent protection.

During oral arguments, Judge Richard G. Taranto sought to clarify why advertisement of the flower might not be enough to render it obvious and thus ineligible for a patent, contrary to what a US Patent and Trademark Office examiner ultimately determined.

He noted that, when a patent applicant exhibits their work, they have to give away a certain amount of information about the underpinning design for it to undermine patentability.

“That ...