United States Code/Title 35/Chapter 15/Section 161

United States Code
the United States Government
Title 35, Chapter 15, Section 161. Patents for plants
113262United States CodeTitle 35, Chapter 15, Section 161. Patents for plantsthe United States Government

Section 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.

Source edit

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

Historical and Revision Notes edit

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

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

Amendments edit

1954 edit

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