35 USCS Sect. 161

U.S. Patent Act

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

....Chapt. 15. Plant Patents

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.