Call Allison 303-578-9835
Intellectual Property Systems
Save Thousands, Same Protections
- Patent Application Portfolios
- Plant Breeder Rights Applications
- Government Correspondences
- Legal Contracts Management
The head-aches I take care of for floriculture growers and horticulture companies include:
Plant Variety Protection (PVP) is not governed by the United States Patent and Trademark Office. The U.S. Department of Agriculture manages the application process. Additionally, unlike US plant patents, which are only for asexually produced plants, a U.S. PVP is for sexually reproduced plants.
Facts to Keep in Mind:
* It can take 2 to 3 years before an application for a PVP is approved.
* The fees to file a PVP are relatively high compared to a plant patent and most of the fees are due at the time of filing. This differs from patenting plants in the U.S. where costs can be spread out throughout the application process.
* As with a utility patent for plants, the applicant must submit seeds to be held in a seed bank. Conversely, plant patent applications rarely require plant material to be submitted.
* As with the legal protection granted under the international agreement, UPOV (International Union for the Protection of New Varieties of Plants),
a PVP grant in the United States excludes others from selling, importing, exporting, reproducing…plant until grant expires.
As with any intellectual property tool described on this website, there are advantages and disadvantages to filing a plant variety protection application. It is important to examine your competition, the plant’s characteristics, and even the breeding history in order to determine whether a PVP is the best strategy for your invented plant.
Plant Variety Protection Portfolio Management
GRIPS, LLC is a Colorado Limited Liability Company - Copyright 2012-2014, All Rights Reserved. Allison is a Plant Breeder's Rights Agent. She is not an attorney and she does not offer legal advice.
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