Download U.S. Plant Variety Protection Overview of US PVP System 1

U.S. Plant Variety Protection
7 U.S.C. §§ 2321 et seq.
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U. S. Plant Variety Protection
35 U.S.C. §§ 161-164
Utility Patent to a Plant
35 U.S.C. §§ 101 et seq. (102, 103, 112)
 Sexually (seed) reproduced
 Tuber Propagated
 F1 Hybrids
U. S. Plant Variety Protection
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clearly Distinct from all other varieties
 Uniform (all plants look alike)
 Stable (reproduces true to type)
U. S. Plant Variety Protection
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FEES
 Minimum
 $4,382 for filing & examination
 $768 for issuance.
 $5, 150 TOTAL
 No maintenance fees.
 Deposit of Propagation Material
 Seeds or in vitro samples (for potatoes)
 Stored at the USDA National Center for Genetic
Resources Preservation (NCGRP)
 Available only with applicant's permission through
PVPO
 Publicly available after certificate expires.
Overview of US PVP System
or less than 4 years in a foreign country)
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 New, distinct, uniform, stable
 Plants must be sexually reproducible
 Variety name required but not a registry
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 New (sold for less than 1 year in the US
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Main Requirements
U. S. Plant Variety Protection
U. S. Plant Variety Protection
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Creates an incentive for plant breeders by
protection to those who breed, or discover and
develop varieties
PVP Eligible Kinds:
U.S. Patent and
Trademark Office
November 2015
Plant Patent Act
USDA
Plant Variety Protection Act
•Intellectual Property Protection in the U.S.
• System Framework PVP Features/Requirements
• How It’s Done – The Application Process
• PVP Exemptions
• PVP Statistics
• The Future
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U.S. Plant Variety Protection
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Average Application Processing
Time
 Kinds Excluded
 Fungi, bacteria and plants not reproducible
by seeds or tubers
 Less than 2 years from date of filling to
issuance, typical range varies from 3
months to 4 years
U. S. Plant Variety Protection
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Overview of US PVP System
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Duration of Protection
 20 years from issuance date
 25 years for vines and trees
 Protected while application is pending (provisional
protection).
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Enforcement
 Initiated by the PVP Holder
 No enforcement from the PVP Office
 Litigation is rarely required
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Priority Contest = The PVP process for determining the
question of priority between breeders claiming development
or discovery of the same variety.
Protest = The opposition by any person to the granting of
PVP while the application is pending and within the first 5
years following issuance.
Reconsideration / Appeal to the Commissioner = The
reconsideration following an adverse action by a PVP
examiner.
Appeal to Secretary = The reconsideration to the Secretary
following a denial by the Commissioner
U. S. Plant Variety Protection
U. S. Plant Variety Protection
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 Plant parts (flowers and fruit) are protected
 Essentially derived plants are protected
 An owner has the right to exclude others from:
 selling or marketing
 conditioning for sale
 reproducing
 importing or exporting
 using the variety to produce a hybrid
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 First-to-file (as contrasted to first-to-invent)
in USA or another UPOV country
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Extent of Protection
U. S. Plant Variety Protection
 Priority
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Application
 S&T 470 form
 Exhibits:
o
o
o
o
o
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A.
B.
C.
D.
E.
Breeding History – attest to uniformity and stability
Distinctness Statement – supporting evidence
Objective Description of Variety
Additional Description (optional)
Basis of Ownership
Seeds or Tubers
 3,000 Seeds
 Germination better than 85% and untreated
 Must be provided to a depository within 3 months of filing or before certificate
issuance (whichever is first)
Fees
 $518 (Filing Fee) + $3,864 (Search/Examination Fee) with the Application
 $768 (Certificate Fee) - when issuance is allowed
 TOTAL = $5,150
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U.S. Plant Variety Protection
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Botanical description of the variety
Crop-specific forms created by PVP Office to
guide the breeder
Entered into crop database
Used to:
Describe the variety (by the breeder)
Confirm distinctness
U. S. Plant Variety Protection
PVPO Species
Databases
Number of Records
(Varieties)
PVPO Species
Databases
Number of Records
Alfalfa
1,530
Pea
2759
Barley
3214
Pepper
1398
Bean
2784 (Garden bean),
1585 (Dry bean)
Potato
737
Bluegrass
1,086
Rapeseed
1772
Corn
3585
Rice
712
Cotton
2803
Ryegrass
2548
Fescue
732 (Fine fescue),
983 (tall fescue)
Sorghum
3423
Lettuce
2682
Soybean
4289
Melon
745
Tomato
3195
Oat
1339
Watermelon
971
Onion
1721
Wheat
4411
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PVP Certificate
Issued
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Crop Exemption: Save for use on farm but NO
transfer to others for reproductive purposes
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Research Exemption: Others can use the variety
in plant breeding or other research
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Public Usage
Sec. 113. Right To Save Seed; Crop Exemption
Sec. 114. Research Exemption.
 Section 44 of the PVPA allows for the Secretary of Agriculture to
declare a protected variety open to public use, when the Secretary
determines that such declaration is necessary
U. S. Plant Variety Protection
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Total Applications Received
13,203
Total Certificates Issued
10,711
Certificates in force
7,048
Total applications not issued (abandoned,
withdrawn, denied)
1,751
Applications in Progress (include those 1) not
741
examined, 2) recommended for PVP but not issued, or 3)
somewhere in the examination process)
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Overview of US PVP System
U. S. Plant Variety Protection
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U.S. Plant Variety Protection
PVP Website =
www.ams.usda.gov/PVPO
For the future
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Electronic PVP (ePVP) applications
Provide PVP stakeholders with an efficient electronic filing
system and PVP staff with an effective electronic
examination system
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Explore the use of Molecular Markers for PVP
through an Advisory Working Group that
provides its findings to the PVP Board
U. S. Plant Variety Protection
Overview of US PVP System
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Thank you
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