American patent level

New crop varieties also belong to the category of intellectual property rights, but they are not the object of patent protection. In China, there are "People's Republic of China (PRC) Seed Law" and "Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC)" to protect new crop varieties. These two laws have similar status with the patent law.

In the United States, new crop varieties are protected by patent law, which means you can apply for a patent in the United States.