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Plants have been patentable in the US since 1930: https://en.wikipedia.org/wiki/Plant_Patent_Act_of_1930

I strongly suspect, but have no verified numbers to prove, that the majority of currently-patented plants are not GMO cultivars.



Even with GM crops there are still ongoing legal battles on their patentability, e.g. on cotton seeds between Monsanto and Indian farmers:

https://www.downtoearth.org.in/blog/agriculture/was-there-a-...




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