U.S. Patent Act

..Part II. Patentabililty of Inventions and Grant of Patents

....Chapt. 15. Plant Patents

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Sect. 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 USCS Sects. 1 et seq.].

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

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