What Types of New Plants are Patentable?
A. New and distinct varieties of plants fall roughly into three classes: (1) sports, (2) mutants, and (3) hybrids. In the case of sports, the new and distinct variety results from bud variation and not seed variation. A plant or portion of a plant may suddenly assume an appearance or character distinct from that which normally characterize the variety or species. In the case of mutants, the new and distinct variety results from seedling variation by self-pollination. In the case of hybrids, the new and distinct variety results from seedlings of cross-pollination of two species, of two varieties, or of a species and a variety. In this case, the word “hybrid’ is used in its broadest sense.
