Can a plant be protected under both plant patent and utility patent provisions?
Yes, a plant can be protected under both plant patent (35 U.S.C. 161) and utility patent (35 U.S.C. 101) provisions. The MPEP cites the Supreme Court case 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 plants, even though plant protection is…
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