A plant patent may be granted for a new and distinct variety of plant that is asexually reproduced.
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.
All plants are patentable except; bacteria, those that are tuber propagated, plants that are not invented or discovered in a cultivated state, asexually reproduced plants and plants that are obvious. Tuber propagated plants are not patentable even though they reproduce asexually because they are propagated by the same part of the plant that is sold as food. Plants capable of sexual reproduction are not excluded from consideration if they have also been asexually reproduced in the past. 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.
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