Patents for plants

United States Code

Section: 161

Jurisdiction: US

Bluebook Citation: 35 U.S.C. § 161


Citation analytics

How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.

Highly CitedTop 8% most-cited · cited by 23 decisions
23
Citing decisions
6+
Courts citing

Citations by decade

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1950s1960s1970s1980s1990s2000s2010s2020s

Courts citing this statute

Fed. Cir.4
U.S.3
C.C.P.A.2
E.D. Cal.2
5th Cir.1
D.N.J.1
Most recently cited by10
  • 2025THERAVANCE BIOPHARMA R&D IP, LLC v. EUGIA PHARMA SPECIALTIES LTD. D.N.J.
  • 2023Biochron, Inc. v. Blue Roots, LLC Wash. Ct. App.
  • 2023In Re WINGEN LLC Fed. Cir.
  • 2022Her Majesty the Queen in Right of Canada v. Van Well Nursery Inc E.D. Wash.
  • 2021Driscoll's, Inc. v. California Berry Cultivars, LLC E.D. Cal.
  • 2013Delano Farms Co. v. California Table Grape Commission E.D. Cal.
  • 2013Ass'n for Molecular Pathology v. Myriad Genetics, Inc. U.S.
  • 2013Association for Molecular Pathology v. Myriad Genetics, Inc. SCOTUS
  • 2012In re Beineke Fed. Cir.
  • 2004In re Elsner Fed. Cir.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

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

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