'Discovered' Plants Patentable, Inventor Tells Supreme Court

Law360, New York (November 13, 2012, 12:35 PM EST) -- A would-be patent holder is arguing that the Federal Circuit misinterpreted a U.S. statute regarding the patentability of plants when it affirmed the rejection of his patent applications for a pair of oak trees he found in nature, asking the U.S. Supreme Court to take up the case.

In his Nov. 5 petition for certiorari with the high court, Walter F. Beineke contends the Federal Circuit improperly introduced new criteria to a section of U.S. Code pertaining to the patentability of plants in denying the validity...
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