IMPACT OF PLANT VARIETY PROTECTION

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IMPACT OF PLANT VARIETY PROTECTION

• John CalvertUnited States Patent And Trademark
  Office

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Intellectual Property Laws Applied to Plant
Varieties in the U.S

• Plant Patent (PPA)
• Plant Variety Protection (PVPA)
• Utility Patent (Patent for Invention) (Patent
  Law)

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The History of Plant Variety Protection in the
United States
Plant Variety Protection Act (PVPA)
Amended Plant Variety Protection Act (PVPA)
Plant Patent Act (PPA)
Joined UPOV 1978 Act
Joined UPOV 1991 Act
1790
1985
1952
1930
1981
1970
1999
1994
1St Patent Act (Utility Patent)
Utility Patent Applied to Plants
Patent Act (Utility Patent)
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Utility Patent

• Administered by United States Patent and
  Trademark Office (USPTO)
• Applies to anything under the sun that is made
  by man
• Must meet requirements
• Useful
• New (Novelty)
• Non-obviousness

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Plant Patent

• Administered by United States Patent and
  Trademark Office (USPTO)
• Applies to asexually reproduced plants
• rooting, cuttings, grafting, budding, division,
  slips, layering, bulbs, rhizomes, runners, corms,
  tissue culture

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U.S. Plant Variety Protection Act (PVPA) 7
U.S.C. 2321-2582

• Administered by Plant Variety Protection Office
  (PVPO), USDA (www.ams.usda.gov/PVPO)
• Applies to sexually (seed) propagated plants,
  edible tuber
• Examples bean, corn, celery, potato, sesame,
  soybean, sunflower, etc.

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  Patent Law (Utility or Invention) Plant Patent Law Plant Variety Protection Law
Applicable to Plant, plant part, gene, protein, method, etc. Asexually propagated plant and its asexually propagated progeny. Sexually (seed) propagated plant varieties
Rights to exclude others from Making, using, selling, offering for sale and importing the plant, or any of its parts Making, using, selling, offering for sale and importing the plant, or any of its parts Selling, marketing, conditioning, stocking, offering for sale, reproducing, importing or exporting, using the variety to produce (as distinguished from develop) a hybrid or different variety
Term of Protection 20 years term from date of filing 20 years term from date of filing 20 years (25 years for trees or vines) from issuance of the certificate
Exemption Crop Exemption A person (farmer) may save seeds for planting on the persons land, but NO transfer to others for seed reproduction purposes
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Impact of Plant Variety Protection
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Increased Innovation

• Innovation means
• Improved germplasm
• Products that enable farmers to be more
  productive
• Increased yield high yielding varieties
• Reduced costquality seeds
• Less risk of lossdisease resistance, insect
  resistance, drought tolerance
• Products that improve food quality-low fat, high
  protein
• Products that has better industrial application
  fiber strength, bio-energy crops
• New and distinct products

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INCREASED INNOVATION
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INCREASED INNOVATION
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Innovation Brings Choices

• For Farmers
• reduces impact of factors beyond their control
• Pests/diseases
• Temperature
• Moisture
• Soil conditions
• Length of growing season
• Nutrient uptake

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Improve Crop Yields
7 6 5 4 3 2 1 0
Corn
Cotton
Wheat
Soybeans
1930 1940 1950 1960 1970 1980 1990 2000
Source Agricultural Statistics, NASS, USDA,
various years
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Improve Crop Yield

• Increased average corn yields
• 1930s 30 bushels/acre (1.6 tons/hectare)
• 2005 140 bushels/acre (6.7 tons/hectare)
• Quadrupled cotton yields
• More than tripled soybean yields

Source American Seed Trade Association
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US Seed Industry Today

• US Industry 12 b
• Global Industry 27b
• Heavy investment to new traits and new
  technologies
• Source American Seed Trade Association

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A Pipeline Beyond Imagination
New Colors
Improved Flavor
Improved Flavor
Reduced Lignin
Protection
Reduce Allergens
Drought Tolerance
High Fermentable Starch
High Oil
Improved Protein
Healthier Oils
Extended Shelf Life
Extended Shelf Life
Insect Protection
Improved Storage
Film Coating
Yield Increase
Seed Pelleting
Herbicide Tolerance
Reduced Bruising
Seed Priming
Nitrogen Utilization
Seed Upgrading
Source American Seed Trade Association
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Impact of Plant Variety Protection

• Increased Innovation
• Increased Investment in RD
• Improved Productivity
• Preserved Natural Resources
• More Choices for Farmers and Consumers
• Expanded Trade

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Contact Information

• John Calvert
• Administrator
• Inventor Assistance Program
• United States Patent and Trademark Office
• john.calvert_at_uspto.gov
• 571-272-4983