35 U.S.C. § 161
Section 161 · Patents for plants
Amended 2 times on record
Applied in 24 court decisions — leading case Diamond v. Chakrabarty (1980)
Most recently applied in Biochron, Inc. v. Blue Roots, LLC (May 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including 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 patent therefor, subject to the conditions and requirements of this title.
The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §31, part (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, §1, 29 Stat. 692, (2) May 23, 1930, ch. 312, §1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212).
The provision relating to plants in the corresponding section of existing statute is made a separate section.
Amendments
1954—Act Sept. 3, 1954, provided that plant seedlings, discovered, propagated asexually, and proved to have new characteristics distinct from other known plants are patentable.
Cross References
Patentability of inventions generally, see section 100 et seq. of this title.
Plant Variety Protection, see section 2321 et seq. of Title 7, Agriculture.