PRIA, Government Policy, Made Personal

Summary

A person who invents or discovers a new, distinct plant variety and reproduces it asexually can get a patent on that plant. This covers things like cultivated sports, mutants, hybrids, and newly found seedlings, but not tuber-propagated plants or plants found in the wild. The same patent rules that apply to inventions also apply to plant patents, unless the law says otherwise.

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.

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.

§161 Patents for Plants