Plant Patents

A person who invents or discovers and asexually reproduces a distinct and new variety of plant, including cultivated sports, mutants, hybrids and newly found seedlings, other than a tuber-propagated plant or plant found in an uncultivated state, may obtain a patent, subject to the federal laws governing patents for inventions. The description of the plant in the patent application must be as complete as reasonably possible. A plant patent grants the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced. Plant patents have a term of 17 years from the date of issuance.

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