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…
Read MoreWhy are tuber propagated plants excluded from plant patent protection?
Tuber propagated plants are specifically excluded from plant patent protection under 35 U.S.C. 161. The MPEP explains this exclusion: “With reference to tuber propagated plants, for which a plant patent cannot be obtained, the term ‘tuber’ is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants…
Read MoreWhat types of plants are eligible for plant patent protection?
Plant patent protection is available for “any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state” that has been asexually reproduced. This is according to 35 U.S.C. 161. It’s important to note that: The plant…
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