Legal Definitions - Plant Patent Act

The Plant Patent Act (PPA) is a United States federal law enacted in 1930. This landmark legislation allows individuals to obtain patent protection for new and distinct varieties of plants that are reproduced asexually. Before the PPA, plants were generally considered products of nature and therefore not eligible for patent protection. The Act changed this by recognizing the significant effort and innovation involved in creating novel plant varieties.

To qualify for a plant patent, the new variety must be:

• New and Distinct: It must have characteristics that clearly set it apart from existing plant varieties.
• Asexually Reproduced: It must be capable of being reproduced without seeds, typically through methods like grafting, budding, cuttings, layering, or tissue culture. This ensures that all subsequent plants are genetically identical to the original discovery.

Here are some examples illustrating the application of the Plant Patent Act:

• Example 1: A Novel Rose Variety

  A horticulturist spends years cross-breeding different rose plants and eventually develops a new variety that exhibits an unprecedented combination of deep crimson petals, a unique fragrance, and exceptional resistance to common fungal diseases like black spot. To ensure that all commercially sold plants possess these exact desirable traits, the horticulturist propagates this specific rose using cuttings. Because this rose is a distinct and new variety and is reproduced asexually, it would be eligible for protection under the Plant Patent Act, preventing others from reproducing and selling it without permission.

• Example 2: A Unique Fruit Tree Cultivar

  An agricultural research company develops a new peach tree cultivar that produces fruit with a significantly longer shelf life, a sweeter taste, and a vibrant, unblemished skin, even in challenging climates. This new cultivar is propagated through grafting, where branches from the original discovery are attached to the rootstock of other trees. This asexual reproduction method ensures the genetic consistency of the new peach variety. The company could seek a plant patent for this cultivar, protecting their investment in research and development and giving them exclusive rights to propagate and sell this specific peach tree.

• Example 3: An Ornamental Shrub with Special Qualities

  A botanical garden's breeding program successfully creates a new variety of hydrangea that blooms continuously from spring to fall, displays a unique variegated leaf pattern, and is remarkably tolerant of drought conditions. This new hydrangea is propagated using tissue culture, a method where small pieces of plant tissue are grown into new plants in a laboratory setting, ensuring genetic clones. Since this hydrangea is a novel and distinct variety and is reproduced asexually, the botanical garden could apply for a plant patent to protect their innovation, allowing them to control its commercial production and distribution.