Plant Discovery Doesn't Equal Patentability, Fed. Circ. Says

Law360, New York (August 6, 2012, 7:00 PM EDT) -- A plant is only patentable if its purported inventor actively worked to breed it, and didn't simply find it in nature and later cultivate it, the Federal Circuit said in a precedential ruling on Monday.

The appeals court rejected a pair of appeals lodged by Walter F. Beineke, who sought to overturn a determination by the U.S. Patent and Trademark Office's patent review board that two types of oak tree he had discovered but not himself created were not patentable, saying that both the 1930 Plant...
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