Legal Definitions - Plant Patent Act

The Plant Patent Act is a federal law passed in 1930 that provides patent protection for developing new and distinct varieties of asexually reproducing plants. This means that if someone creates a new type of plant through asexual reproduction, they can apply for a patent to protect their invention.

Before the Plant Patent Act was passed, plant patents were not allowed because they were considered to be naturally occurring and therefore not eligible for patent protection.

For example, if a farmer develops a new type of apple tree by grafting branches from different trees together, they can apply for a plant patent to protect their invention. This means that no one else can reproduce or sell this new type of apple tree without the farmer's permission.