What 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 must be asexually reproduced, meaning it’s reproduced by means other than from seeds (e.g., rooting of cuttings, layering, budding, grafting).
- Tuber propagated plants, such as Irish potatoes and Jerusalem artichokes, are specifically excluded.
- The term “plant” excludes bacteria and asexual propagating material per se.
- Plants found in an uncultivated state are not eligible.
To learn more: