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…
Read MoreWhat 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,…
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