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35 USC 161
Patent for plants

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

For more information on patent law, please see the Patent or Software Patent Sections of BitLaw.

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§161. Patent 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 [35 USC § §1 et seq.].

The provisions of this title [35 USC § §1 et seq.] relating to patents for inventions shall apply to patents for plants, except as otherwise provided.

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