Fungi, Bacteria and the U.S. Plant Patent Act

Fungi, Bacteria and the U.S. Plant Patent Act

by Dennis Crouch It was probably middle school biology where I learned that plants and fungi are classified in two separate kingdoms.  It wasn't until today that I learned why - despite their separate classification - both plants and fungi are protectable under the Plant Patent Act of 1930. Now codified at 35 U.S.C. § 161, the Plant Patent Act adds a third form of U.S. patent, alongside utility (useful inventions) and design (ornamental designs)…