Legal Definitions - asexually reproducing plant

An asexually reproducing plant refers to any plant that creates new offspring through methods other than seeds. Instead of sexual reproduction (which involves pollen and ovules to produce seeds), these plants propagate using parts of their own structure, resulting in new plants that are genetically identical to the parent.

This distinction is particularly important in patent law. The Plant Patent Act allows for the protection of new, distinct, and non-obvious varieties of asexually reproducing plants. This means that if a breeder develops a unique plant variety that consistently reproduces its special characteristics without seeds, they may be able to obtain a patent for it, preventing others from reproducing or selling that specific variety without permission.

Here are a few examples illustrating this concept:

• Example 1: A New Strawberry Variety

  Imagine a plant breeder develops a novel strawberry variety that produces exceptionally large, sweet, and disease-resistant fruit. This new variety naturally propagates by sending out specialized stems called runners (or stolons) that grow along the ground and sprout new, genetically identical strawberry plants at various points. Since this new strawberry variety consistently reproduces its desirable traits through these runners, rather than through seeds, it qualifies as an asexually reproducing plant. The breeder could potentially seek a plant patent to protect their unique creation, ensuring that only they (or those they license) can propagate and sell this specific strawberry variety.

• Example 2: A Unique Potato Cultivar

  Consider a new potato cultivar developed by a farmer that boasts superior yield, a distinctive purple flesh, and natural resistance to a common pest. Potatoes are typically propagated by planting pieces of the potato tuber (the underground stem), each containing an "eye" that can sprout a new plant. This method of using parts of the tuber, rather than planting seeds, means the new potato cultivar is an asexually reproducing plant. If this unique potato variety consistently passes on its desirable traits through tuber propagation, the farmer could apply for a plant patent to protect their innovation, preventing others from reproducing and selling this specific purple potato without authorization.

• Example 3: A Novel Ornamental Lily

  A horticulturist cultivates a new type of ornamental lily with strikingly vibrant, multi-colored petals that are unlike any existing variety. This particular lily reproduces by forming small, bulb-like structures called bulbils directly on its stem or in the leaf axils. These bulbils can be detached and planted to grow into new, genetically identical lily plants. Because this new lily variety reliably reproduces its unique aesthetic qualities through these bulbils, without the need for seeds, it is an asexually reproducing plant. The horticulturist could pursue a plant patent to safeguard their exclusive rights to propagate and market this beautiful new lily variety.