Evolution: The United States started granting patents for the plant varieties for the first time in 1930. The first patent was issued to Henry Bosenberg for climbing, ever-blooming rose in the year 1931.
Contents
According to the plant patent act 1930 under 35 U.S.C. 161, plant patent is the right given to an inventor for an asexually reproduced plant varieties, including cultivated sports, mutants, hybrids, and newly found seedlings other than a tuber propagated plant. An asexually reproduced plant resembles the plants which are discovered, breeded, grafted or newly created ones. Moreover, the plants in uncultivated or wild condition are not patented. A plant patent can be operated for a period of 20years from the date of filing an application.
Note: Sexually produced plant species cannot be protected by patent law but can be protected by a federal law passed in 1970, known as plant variety protection Act.
On account of a plant patent, the grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States.
The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests of the Director, 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 Director officers and employees of the Department.
(a) Plant patent illustrations ought to be imaginatively and ably executed and must comply with the requirements of § 1.84. View numbers and reference characters need not be utilized except if required by the examiner. The drawing must disclose all the uncommon characteristics of the plant competent of visual representation.
(b) The drawings might in colour. The drawing must be in colour if colour is a distinguishing characteristic of the new variety. Two copies of colour drawings or photographs and a black and white photocopy that accurately depicts, to the extent possible, the subject matter shown in the colour drawing or photograph must be submitted.
References:
https://www.ipmall.info/content/plant-patent-directory-legislation-and-articles-interest
https://www.investopedia.com/terms/p/plant-patent.asp
https://www.upcounsel.com/plant-patent
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