Overview. This Act allows an individual to obtain a patent for newly invented or discovered plants.
Patents for Plants. A person who invents or discovers and asexually reproduces a distinct and new variety of plant, including cultivated sports, mutants, hybrids and newly found seedlings, other than a tuber-propagated plant or plant found in an uncultivated state, may obtain a patent, subject to the federal laws governing patents for inventions. The description of the plant in the patent application must be as complete as reasonably possible. A plant patent grants the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced. §§ 161-163.
Assistance of Department of Agriculture. Upon request of the Commissioner of Patents and Trademarks (Commissioner), the President, by executive order, may direct the Secretary of Agriculture to: provide Department of Agriculture information to the Commissioner; conduct research on special problems; assign Department officers and employees to the Commissioner. § 164.