Plant Patent Act of 1930

The Plant Patent Act of 1930 (enacted on 1930-06-17 as Title III of the Smoot–Hawley Tariff, ch. 497, 46 Stat. 703, codified as 35 U.S.C. Ch. 15) is a United States federal law spurred by the work of Luther Burbank.

This piece of legislation made it possible to patent new varieties of plants, excluding sexual and tuber-propagated plants (see Plant Variety Protection Act of 1970). In supporting the legislation, Thomas Edison testified before Congress in support of the legislation and said,

"This [bill] will, I feel sure, give us many Burbanks."

Plant patents PP12, PP13, PP14, PP15, PP16, PP18, PP41, PP65, PP66, PP235, PP266, PP267, PP269, PP290, PP291 and PP1041 were issued to Burbank posthumously.

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