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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Plant Variety Protection

Laws: Title 35, United States Code, Part II, Chapter 15, 161-164
Regulations: see under "Patent Laws and Regulations"


CHAPTER 15 – PLANT PATENTS

35 U.S.C. 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.

The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.

(July 19, 1952, ch. 950, 1, 66 Stat. 804; Sept. 3, 1954, ch. 1259, 68 Stat. 1190.)

35 U.S.C. 162 Description, claim

No plant patent shall be declared invalid for noncompliance with section 112 of this title if the description is as complete as is reasonably possible.

The claim in the specification shall be in formal terms to the plant shown and described.

(July 19, 1952, ch. 950, 1, 66 Stat. 804.)

35 U.S.C. 163 Grant

In the case of a plant patent the grant shall be of the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced.

(July 19, 1952, ch. 950, 1, 66 Stat. 804.)

35 U.S.C. 164 Assistance of Department of Agriculture

The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests of the Commissioner, for the purpose of carrying into effect the provisions of this title with respect to plants (1) to furnish available information of the Department of Agriculture, (2) to conduct through the appropriate bureau or division of the Department research upon special problems, or (3) to detail to the Commissioner officers and employees of the Department.

(July 19, 1952, ch. 950, 1, 66 Stat. 804.)


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