Are genetically modified plants patentable?
Yes, genetically modified plants can be patentable subject matter. The MPEP cites the Supreme Court’s decision in J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., which held that patentable subject matter under 35 U.S.C. 101 includes newly developed plant breeds. The MPEP states: “With respect to plant subject matter, the Supreme Court held that…
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