What is the historical background of plant patent protection in the United States?
The history of plant patent protection in the United States is rooted in legislative changes and court interpretations. Key points include:
- The Plant Patent Act of 1930 amended the pre-existing patent statute to include plant patents.
- The Patent Act of 1952 separated plant patent provisions from utility patent provisions, creating 35 U.S.C. 161.
- In 1954, 35 U.S.C. 161 was amended to extend protection to “newly found seedlings” in a cultivated state.
The Supreme Court, in Diamond v. Chakrabarty, explained the rationale behind the Plant Patent Act:
“Prior to 1930, two factors were thought to remove plants from patent protection. The first was the belief that plants, even those artificially bred, were products of nature for purposes of the patent law…. The second obstacle to patent protection for plants was the fact that plants were thought not amenable to the ‘written description’ requirement of the patent law.”
The Court noted that Congress addressed these concerns by:
- Explaining that the work of plant breeders “in aid of nature” was patentable invention.
- Relaxing the written description requirement for plant patents.
This historical context helps explain the unique provisions and requirements for plant patents in U.S. patent law.
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