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The Plant Patent Act of 1930 (enacted on June 17, 1930 as Title III of the Smoot–Hawley Tariff, ch. 497, 46 Stat. 703, codified as 35 U.S.C. Ch. 15) is a United States federal law spurred by the work of Luther Burbank and the nursery industry.
Since the 1980s, the US Patent Office has granted patents on plants, including plant varieties this provides a second way of protecting plant varieties in the United States. Australia passed the Plant Variety Protection Act 1987 (Cth) and the Plant Breeders Rights Act 1994 (Cth). Australian patent law also permits the patenting of plant varieties.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious.
Plant patents last 20 years from the date of application filing. When the 20 years have expired, the patent information is removed from the tag or plant description, says Mathey. After this time ...
Unlike the Patent Act of 1952, the PVPA contains three exemptions that significantly limit the scope of the plant breeder's exclusive right.First, the PVPA's provision safeguarding the "public interest in wide usage" allows the United States Department of Agriculture to declare an otherwise protected variety open on the basis of equitable remuneration to the owner, upon a finding that no more ...
Obtaining patents became much easier during the period after the Patent Act of 1793 and the next federal Patent Act passed in 1836. Between the Patent Act of 1790 and that of 1793, only 57 patents were granted, but by July 2, 1836, a total of 10,000 patents had been granted. [17] This however, came at an expense of the quality of patents granted.