Supreme Court Declines To Review Plant Patent Standards

Law360, New York (February 19, 2013, 1:16 PM EST) -- The U.S. Supreme Court on Tuesday declined to review a ruling that a person who discovers a naturally existing plant and recognizes its superior qualities cannot obtain a patent on it, rejecting an appeal by a man who sought to patent century-old oak trees.

Walter F. Beineke, who found the oak trees he sought to patent but did not plant them, appealed an August ruling by the Federal Circuit, which held that because the 1930 Plant Patent Act refers only to cultivated plants, someone who discovers...
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