Title 35 — PatentsRelease 119-73
§161 Patents for plants
Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 15— - PLANT PATENTS › § 161
Summary
You can patent a new plant you invent or asexually reproduce — for example cultivated sports, mutants, hybrids, or new seedlings — except tuber-propagated or wild plants; plant patents follow the same patent rules as other inventions.
Full Legal Text
Title 35, §161
Patents — Source: USLM XML via OLRC
Whoever invents or discovers and asexually reproduces 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 uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this title. The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 31, part (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, § 1, 29 Stat. 692, (2) May 23, 1930, ch. 312, § 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212). The provision relating to plants in the corresponding section of existing statute is made a separate section.
Editorial Notes
Amendments
1954—Act Sept. 3, 1954, provided that plant seedlings, discovered, propagated asexually, and proved to have new characteristics distinct from other known plants are patentable.
Reference
Citations & Metadata
Citation
35 U.S.C. § 161
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73