Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]
In October 2023, the International Union for the Protection of New Varieties of Plants (UPOV) published a long-awaited updated Explanatory Note on Essentially Derived Varieties (EDVs). The UPOV Convention outlines a popular...more
Plant Variety Protection (PVP) is a form of intellectual property protection administered through the United States Department of Agriculture (USDA) for new varieties of plants....more
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
The 2018 Farm Bill included changes to the Plant Variety Protection Act (PVPA) that extends the availability of protection to asexually reproduced plants. Previously, asexually reproduced plants could not receive protection...more
In the past, Plant Variety Protection (PVP) Certificates could only be used to protect plant varieties that reproduce sexually (through seeds) or through tuber propagation. However, the Agricultural Improvement Act of 2018...more
Last month the Farm Bill 2018 (Agricultural Improvement Protection Act of 2018) was signed by President Trump. Section 10108 of that bill contains the Plant Variety Protection Act, which now has been amended to include...more
General introduction - In the European Union (EU) plant variety protection – sometimes referred to as Plant Breeder’s Rights or PBRs - is provided by the Community Plant Variety Office (“CPVO”). The CPVO is “a...more
An important aspect of developing any intellectual property strategy and portfolio is deciding which method of intellectual property protection to pursue based on the advantages and disadvantages of each method. Plants may be...more
With the rise of the legalized cannabis industry, there is also a rise in legal questions about how to protect the cannabis-related inventions being developed by the industry. Many practitioners do not appreciate that there...more
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
As part of their treaty obligations in establishing International Union for the Protection of New Varieties of Plants (UPOV), member countries have enacted laws that provide ‘‘Plant Breeders’ Rights’’ for protecting the...more
Plant Breeders are Learning the Value of Protecting Their Inventions - Agricultural espionage: it’s not exactly the stuff of John le Carré novels. But recently a Chinese woman was charged in a plot to steal U.S. corn...more
1. What is a patent? A patent is a right granted to inventors by the government to exclude others from making, selling, offering for sale, using, or importing an invention. The U.S. Government has issued over eight...more