News & Analysis as of

Plant Patents

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – September 2024: Expanding Horizons: Potential Expansion of IP Rights for High-THC Cannabis Varieties

In the United States, the intellectual property rights system for plants is multifaceted, encompassing utility patents, plant patents, trademarks, and Plant Variety Protection (PVP) Certificates. These mechanisms offer...more

Morrison & Foerster LLP

Updates in Uruguay – Accession to the PCT and Announcement of a New GMO Regulatory Framework

Earlier this year, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent...more

International Lawyers Network

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent...

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Cooley LLP

UPOV Releases Explanatory Notes Further Defining Protection for Essentially Derived Varieties

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On October 27, 2023, the International Union for the Protection of New Varieties of Plants (UPOV) released its third set of explanatory notes on essentially derived variety (EDV) protection. In this alert, we provide a brief...more

Morrison & Foerster LLP

U.S. Plant Variety Protection Office Lowers Burdens for Multinational Applications: Canadian and Japanese PBR Offices Now...

On Thursday, January 25, 2024, the U.S. Plant Variety Protection Office (U.S. PVPO) announced that the Plant Breeders’ Rights (PBR) Offices of Canada and Japan are now accepting Distinctness, Uniformity, and Stability (DUS)...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more

Weintraub Tobin

Does Displaying a Flowering Plant Preclude Patenting It?

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It’s not surprising to hear talk of flowers in February, but it is unusual when that discussion is in a Federal Circuit opinion. This month the Federal Circuit decided a case involving whether the display of a flowering...more

Dunlap Bennett & Ludwig PLLC

Copyright vs. Trademark vs. Patent: The Basics

Intellectual property is the foundation of a business’s unique value proposition. Understanding the different types of intellectual property protection available for patents, trademarks, and copyrights is crucial to...more

Spilman Thomas & Battle, PLLC

Intellectual Property 101: What is a Patent?

The U.S. Patent and Trademark Office ("PTO") provides extensive online resources on its website. While much of the content may be directed to patent and trademark practitioners to perform filings and access regulations, some...more

Bond Schoeneck & King PLLC

High-Level Overview of Intellectual Property Protection for the Cannabis Industry

The cannabis industry is booming and as it continues to grow, new cannabis-related businesses are forming in various sectors of industry and new plant varieties, products and techniques are developed daily. Protecting...more

Wiley Rein LLP

Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

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Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

Fish & Richardson

What is Patent Law?

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The United States patent system is built on a “carefully crafted bargain” between inventors and the public. In exchange for a disclosure teaching the public how to make and use an invention, the federal government grants the...more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

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The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more

Fish & Richardson

What are the Different Types of Patents?

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Design patents vs. utility patents vs. plant patents - You made a discovery and now you’d like to protect it. The U.S. Constitution, Article 1, Section 1, Clause 8 empowered Congress to pass laws “to promote the progress of...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - June 2020

USPTO and JPO Issue Joint Message - Yesterday, Director Andrei Iancu of the U.S. Patent and Trademark Office and Commissioner Akira Matsunaga of the Japan Patent Office issued a joint message to express the Offices' "most...more

Cooley LLP

Alert: EPO: Plants and Plant Materials Not Patentable if Exclusively Obtained by Essentially Biological Process

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A recent opinion issued by the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) has established that plants and plant materials are not patentable if they are exclusively obtained by means of an essentially...more

BakerHostetler

Key UPSTO Initiatives to Ease Burden On Patent Owners and Patent Applicants During the COVID-19 Outbreak

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Since the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) has tried to ease the burden on patent owners and applicants. The key USPTO initiatives are summarized below....more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Canna-Patents After the 2018 Farm Bill

Almost one year ago, the 2018 Farm Bill was signed into law, and, for the first time, hemp and hemp-derived cannabidiol (CBD) were federally legalized. Under the statute, legal hemp is defined as “the plant Cannabis sativa L....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What Does a Plant Patent Covering the Charlotte's Web Strain Mean for the CBD Industry?

Many cannabis and investor news outlets recently reported that the United States Patent & Trademark Office (USPTO) awarded what appears to be the first patent for a hemp strain to Denver-based Charlotte’s Web Holdings...more

Bradley Arant Boult Cummings LLP

Difficulties Face Cannabis Patents, Trademarks, and Other Forms of Intellectual Property - Intellectual Property News

Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more

International Lawyers Network

Plant Breeder’s Rights in Australia: updated, amended and strengthened

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes....more

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