What is the difference between sexual and asexual reproduction in plant patents?
In the context of plant patents, the distinction between sexual and asexual reproduction is crucial. The MPEP 2121.03 highlights this difference in discussing the In re LeGrice case:
“There was no evidence of commercial availability in enabling form since the asexually reproduced rose could not be reproduced from seed. Therefore, the public would not have possession of the rose by its picture alone, but the public would have possession of the cotton cultivar based on the publications and the availability of the seeds.”
Asexual reproduction involves creating genetically identical clones of a plant, which is typically required for plant patents. Sexual reproduction through seeds may not produce plants identical to the parent, which is why the availability of seeds (sexual reproduction) for the cotton cultivar was considered enabling, while the picture of the asexually reproduced rose was not.
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