The Plant Patent Act of 1930, codified at 35 U.S.C. § 161, introduces a third form of U.S. patent covering distinct and new varieties of plants that are asexually reproduced. The Act permits the patenting of cultivated sports, mutants, hybrids, and newly found seedlings but does not cover tuber propagated plants, like potatoes, or plants found in the wild. Interestingly, fungi, including mushrooms, can also be patented under this Act despite their biological classification in a separate kingdom from plants.
The Plant Patent Act of 1930 allows for the patenting of newly discovered and asexually reproduced plants, including cultivated sports, mutants, hybrids, and seedlings. It, however, excludes tuber propagated plants and those found in their natural state.
Fungi, such as mushrooms, are also protectable under the Plant Patent Act, despite being classified in a separate kingdom from plants. This inclusion allows for the patenting of new and distinct varieties of fungi.
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