MPEP Q & A 42: Reproduction of Asexually Propagated Plants

Reproduction of Asexually Propagated Plants

Question:

Name one mechanism in which asexually propagated plants are reproduced.

Answer:

Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting or inarching.

Chapter Details:

The answer to this question can be found in chapter 1600 of the MPEP. This chapter covers plant patents.

Section Summary:

This question and answer comes from section 1601 of the MPEP.  The following is a brief summary of section 1601.

1601     Introduction: The Act, Scope, Type of Plants Covered

This section provides an introduction to plant patents.  Essentially, 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 plant patent. Further details on the types of plants that are patentable are covered.


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