News & Analysis as of

Plant Patents

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing...

by Knobbe Martens on

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be...more

A Toxic Pairing: Discovery Misconduct and Juror Neuropsychology in a Plant Patent Trial

The most important plant patent trial of the early 21st century just took place in northern California. California Berry Cultivars v. The Regents of the University of California sorts out “stakeholder” rights associated with...more

Protecting Plant Innovations

by K&L Gates LLP on

The development of new plant varieties can be a costly and time-consuming process. To incentivize breeding endeavors, governments around the world have developed legal mechanisms that effectively provide breeders with a...more

Clarifying or Conforming? The EPO Bows to the European Commission

by Jones Day on

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

New EPO Rules For Patenting Plants and Animals

The EPO has clarified its approach to the patentability of plants and animals by making changes to its rules. Article 53(b) EPC derives from an EU Directive (Article 4(1) of Directive 98/44 EC) and excludes from...more

Patents 101: The Different Types of Patents

by Revision Legal on

Any business entity or inventor that is considering securing patent rights for a novel and non-obvious invention needs to know a little bit about the different types of patents that are available from the United States Patent...more

Strawberries in Spain - Plant Patent Infringement Under Several Theories

by K&L Gates LLP on

On April 27, 2017, the United States District Court for the Northern District of California (the “Court”) ruled on a wide variety of summary judgment motions, several of which present interesting issues related to plant...more

Wild Introgressions: The Tomato Genome’s Impact on Plant Patenting and Trademark Branding Prospects

Diana Kennedy, an intrepid chronicler of Mexican cuisine, describes cuatomates as “very small cherry tomatoes with an intense flavor and enormous amount of tiny seeds.” A potently flavored, tiny green tomatillo variety...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

by Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

The History, Purpose and Benefits of Patents

by Snell & Wilmer on

Britain has the longest known continuous patent system. British patents can be traced to the 15th Century, when the British Crown began granting exclusive rights, called “Letters Patent,” to certain manufacturers and traders....more

Starlet Marketing, Patenting and Branding of the California Artichoke

How do you tempt someone to trim, steam (or boil) artichokes and scrape spiny artichoke leaves with their front teeth? Here’s an easy answer. Crown a newly minted Marilyn Monroe as Castroville’s first Artichoke Queen in...more

Patenting the Avocado: A California Story with a Classic Recipe

Guacamole and chips are the ultimate in Super Bowl Sunday comfort food nowadays. During the Panthers/Broncos game, the California Avocado Commission tweeted its own commentary, offering recipes that paired avocados with food...more

Know your patent documents

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

February 1, 2016 - Patent of the Day

On February 1, 1938, Luther Burbank was posthumously issued U.S. Patent D269 on a rose...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

by FPA Patent Attorneys on

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

by Morrison & Foerster LLP on

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

by FPA Patent Attorneys on

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?

by Morrison & Foerster LLP on

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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