Why are tuber propagated plants excluded from plant patent protection?
Tuber propagated plants are specifically excluded from plant patent protection under 35 U.S.C. 161. The MPEP explains this exclusion: “With reference to tuber propagated plants, for which a plant patent cannot be obtained, the term ‘tuber’ is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants…
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