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.
July 19, 1952, ch. 95066 Stat. 804Sept. 3, 1954, ch. 125968 Stat. 1190(, ; , .)
Historical and Revision Notes
Mar. 3, 1897, ch. 391, § 129 Stat. 692May 23, 1930, ch. 312, § 146 Stat. 376Aug. 5, 1939, ch. 450, § 153 Stat. 1212Based on Title 35, U.S.C., 1946 ed., § 31, part (R.S. 4886, amended (1) , , (2) , , (3) , ).
The provision relating to plants in the corresponding section of existing statute is made a separate section.
Editorial Notes
Amendments
1954—Act , provided that plant seedlings, discovered, propagated asexually, and proved to have new characteristics distinct from other known plants are patentable.