Ex Parte Hibberd, Summary

Ex Parte Hibberd, established the right of plant breeders to patent their plant materials under Section 101 of the Patent Act. This provided new opportunities and possibilities for plant breeders and seed companies to protect their products. However, seed companies seem to be comfortable with the protection available under the Plant Varieties Protection Act, as it is generally considered more difficult, and more costly, to take out a utility .

The Center for Bioethics at the University of Pennsylvania
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