Plant Variety Rights (Plant Patents)

Plant Variety or Plant Breeders Rights are granted to the developer of a plant variety which is new and which meets specified criteria of distinctiveness, uniformity and stability. In the UK rights may be extended for up to 25 or 30 years depending on the type of plant. It is also possible to obtain a European Community Plant Variety Right which gives unitary rights throughout the EU. Corresponding protection is available in member states of the UPOV (Union for Protection of New Varieties of Plants) Convention. The US also provides for Plant Patents for new asexually reproduced plant varieties. US Plant Patents have a maximum term of 20 years.

Advantages: Provides the proprietor with a broad protection against exploitation of new variety with a designated generic varietal name by others for an extended period.

Disadvantages: Not available in all jurisdictions. May require development of specific testing methods.

Costs:Vary from country to country, but can be expected to be lower than for a normal utility patent.

Marking: [Varietal Name][Protected by Plant Variety Right][Country][Plant Patent No.]