Are tuber propagated plants eligible for plant patents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 the plant that is sold as food. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Tuber Propagated Plants Cannot Obtain Patents MPEP 1601 Prohibited Two-Step Invention for Plant Patents MPEP 1601 Requirement for Plant Patents Created by Human Activity MPEP 1601 Ineligible for Plant Patents MPEP 1601 Required Description Requirement for Plant Patents MPEP 1601 Plants Are Patentable Under 35 U.S.C. 101 MPEP 1601 20-Year Term for Plant Patents Filed After June 7, 1995 MPEP 1601 Plant Patents Separated from Utility Patents in 1952 MPEP 1601 Plant Patents Follow Invention Rules Except Where Noted MPEP 1601 Required Discovery of Novel Plant Required for Plant Patent MPEP 1601 Other Related FAQs 5 FAQs Collapse What is the difference between asexual and sexual reproduction in plant patents? What is the significance of the Beineke case in plant patent law? What types of plants are eligible for plant patent protection? What types of plants are eligible for plant patents? What rights does a plant patent grant?