Plant Patents

News & Analysis as of

Know your patent documents

Most are familiar with a U.S. utility patent, have a seven digit number followed by a “B”...more

Novel Potato Chips: The Patentable Art of Processing Potatoes

During a 1911 journey—in which they would discover Machu Picchu—Hiram Bingham’s exploration party came across some native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else in...more

Patenting the Potato: “Not All Taters are Created Equal”

Wearing a McDonald’s blue garrison-style hat—red hats signified management—I often worked at the french fry station during my pimply high school years in the 1970s. If you had asked me anything about the julienned potatoes I...more

Successful Strategies for Doing Business in Asia: Singapore (Updated)

1. WHAT ROLE WILL THE GOVERNMENT OF SINGAPORE PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? REGISTRATION REQUIREMENT - Save for the restrictions discussed under Question 5, there is generally no...more

Guide To Doing Business In New Zealand: Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property in New Zealand. These laws permit the creation of legal rights to the exclusive use or ownership of copyright...more

Guide To Doing Business in Australia - Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more

A new breed of plant patents in Europe

In Europe, there are two types of IP protection available for plant-related inventions: Plant Variety Rights (PVRs) and Patents. In order to avoid any overlap in protection between these two IP regimes, the EPC...more

Guest Post: Microorganisms, Funk Brothers, Chakrabarty and TRIPS

Both U.S. practitioners and their European colleagues will be concerned about a dictum in In re Roslin Institute (Edinburgh), 750 F.3d 1333, 1338-39 (Fed. Cir. 2014) that any existing [micro]organism found in the wild is not...more

European Patent Office Finds Plants and Plant Products Patent-Eligible

On March 25, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) handed a victory to those seeking to protect plant inventions in Europe. The EBA found that the essentially biological processes exclusion of...more

Protecting Plant Varieties In Australia And New Zealand

Although the Plant Breeder’s Right system provides protection of propagating or reproductive material of a new plant variety, this can often provide insufficient protection to the plant breeder. Fortunately, Australia and New...more

Beineke v. Kappos – Are Discovered Plants Patentable?

In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on tree varieties that he discovered as not patent-eligible. This month, the PTO...more

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