United States Federal Circuit

The decisions of the Board of Patent Appeals and Interferences affirming the examiner's rejection of two plant patent applications for new and distinct oak trees under 35 U.S.C. section 161, is affirmed where: 1) the petitioner meets neither of the requirements under the provisions of the original 1930 Act which provided patent protection to only those plants that were created as a result of plant breeding or other agricultural and horticultural efforts and that were created by the inventor; and 2) petitioner is not able to demonstrate that the oak trees are eligible for patent protection under the provisions added by the 1954 amendments to the plant patent statutes because the oak trees are not newly found seedlings under section 161.

Appellate Information

• Decided 08/06/2012
• Published 08/06/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel