Can a plant patent be granted for a plant that can be reproduced by seeds?

A plant patent can only be granted for a plant that has been asexually reproduced. This type of reproduction ensures that the new plant maintains the same characteristics as the parent plant, which is essential for patent protection. Asexually reproduced plants are typically propagated through methods like grafting, layering, or cuttings rather than by seeds, which can lead to variations in genetic traits.

The requirement for asexual reproduction is grounded in the purpose of the plant patent, which is to protect the specific cultivar's unique traits. If plants could be patented when they were reproduced by seeds, it would be difficult to ensure that the patented characteristics were consistently passed on without genetic variation. Therefore, the requirement of asexual reproduction serves to maintain the integrity and specificity of the patented plant’s attributes.