35 U.S.C. 161 — Patents for plants
Ninth Edition, Revision 01.2024
Whoever invents or discovers and asexually reproduces 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, may obtain a patent therefor, subject to the conditions and requirements of this title.
The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.
(Amended Sept. 3, 1954, 68 Stat. 1190.)
Cited by
- 1601 Introduction: The Act, Scope, Type of Plants Covered
- 1604 Applicant, Oath or Declaration
- 1612 UPOV Convention
- 201 Types of Applications
- 201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure
- 2105 Patent Eligible Subject Matter — Living Subject Matter
- 2403.02 Plant Material
- 502.05 Correspondence Transmitted by EFS-Web
- 609.04(b) Timing Requirements for an Information Disclosure Statement
- 804 Definition of Double Patenting
- 909.02(d) Transfer Procedure