§161. Patents for plants

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.

(June 19, 1952, ch. 950, 66 Stat. 804 ; Sept. 3, 1954, ch. 1259, 68 Stat. 1190 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §31, part (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, §1, 29 Stat. 692 , (2) May 23, 1930, ch. 312, §1, 46 Stat. 376 , (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212 ).

The provision relating to plants in the corresponding section of existing statute is made a separate section.

Amendments

1954-Act Sept. 3, 1954, provided that plant seedlings, discovered, propagated asexually, and proved to have new characteristics distinct from other known plants are patentable.

Cross References

Patentability of inventions generally, see section 100 et seq. of this title.

Plant Variety Protection, see section 2321 et seq. of Title 7, Agriculture.