What is the difference between sexual and asexual reproduction in plant patents?

In the context of plant patents, the distinction between sexual and asexual reproduction is crucial. The MPEP 2121.03 highlights this difference in discussing the In re LeGrice case: “There was no evidence of commercial availability in enabling form since the asexually reproduced rose could not be reproduced from seed. Therefore, the public would not have…

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What is the difference between asexual and sexual reproduction in plant patents?

In the context of plant patents, the distinction between asexual and sexual reproduction is crucial. According to the MPEP 1601: “Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.” Key points to understand: Plant patents are only…

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