User:Ode011/sandbox

= Plant Patent Act of 1930 = From Wikipedia, the free encyclopedia Jump to navigationJump to search The Plant Patent Act of 1930 (enacted on 1930-06-17 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.

This piece of legislation made it possible to patent new varieties of plants, excluding sexual and tuber-propagated plants (see Plant Variety Protection Act of 1970). In supporting the legislation, Thomas Edison testified before Congress in support of the legislation and said,


 * "This [bill] will, I feel sure, give us many Burbanks."

Plant patents PP12, PP13, PP14, PP15, PP16, PP18, PP41, PP65, PP66, PP235, PP266, PP267, PP269, PP290, PP291 and PP1041 were issued to Burbank posthumously.

Microorganisms are defined as asexual plants, however they are not included in the Plant Patent Act of 1930. This exclusion reflects the limitations of the Act. Bergy II explores this limitation and raises the questions on what is considered "alive." In order for a plant to qualify it must be considered "alive", which reflects why microorganisms were excluded from the act since they are not characterized as "alive."

Bibliography (Summary)
Reference 1 : The Plant Patent Act of 1930: A Sociological History of Its Creation

Summary: The Plant Patent Act of 1930 grants the right to patent to anyone who "has invented or discovered and asexually reproduced any distinct and new variety of plant, other than tuber-propagated plant. . ." The patent is strictly applied to a distinct cultivated plant, and does not apply to their respective flowers or fruits. This Act is significant since it opened the door to patenting biological materials. The patent came to bring by multiple factors, including social, economy, scientific, and law. The increasing popularity of machines, the great Depression, the emergence of the American Association of Nurserymen, and the the introduction of patent bills all contributed to the emergence of the Plant Patent Act of 1930. Congressmen LaGuardia, Lloyd Stark, Luther Burbank were one of the few key players that led to the passing of the act.

Reference 2: General Information About 35 U.S.C. 161 Plant Patents

Summary: Plant Patents require specific steps to prepare and apply for a plant patent. Plant patents are eligible for 20 years and protect the reproduction of the plant from being reproduced and sold in the United States of America. Plant patent applications can be accessed at http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm. Investors must pay fees and are encouraged to have legal representation to ease the process of filing. The investor must apply and prepare their application, swear under oath, prepare drawings of their plant, attend an assembly, and then take an exam.

Reference 3 : Implications of the Plant Patent Act for the Patentability of Microorganisms

Summary: Microorganisms are defined as asexual plants, however they are not included in the Plant Patent Act of 1930. This exclusion reflects the limitations of the Act. Bergy II explores this limitation and raises the questions on what is considered "alive." In order for a plant to qualify it must be considered "alive", which reflects why microorganisms were excluded from the act since they are not characterized as "alive."