Are tuber propagated plants eligible for plant patents?
No, tuber propagated plants are not eligible for plant patents. According to MPEP 1601: “The provisions of the Act do not apply to tuber propagated plants.“ This exclusion is specifically mentioned in 35 U.S.C. 161. Tuber propagated plants, such as potatoes and Jerusalem artichokes, are excluded because they are propagated by the same part of…
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