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J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred International, Inc.

Utility patents may be issued for newly developed plant breeds.

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534 U. S. ____ (2001)

On Writ Of Certiorari To The United States Court Of Appeals For The Federal Circuit

This case presents the question whether utility patents may be issued for plants under 35 U. S. C. �101 (1994 ed.), or whether the Plant Variety Protection Act, 84 Stat. 1542, as amended, 7 U. S. C. �2321 et seq., and the Plant Patent Act of 1930, 35 U. S. C. ��161-164 (1994 ed. and Supp. V), are the exclusive means of obtaining a federal statutory right to exclude others from reproducing, selling, or using plants or plant varieties. We hold that utility patents may be issued for plants.

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