§ 161. — Patents for plants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC161]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 15--PLANT PATENTS
Sec. 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., 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
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.
