Panitch Schwarze Partner Dr. Travis W. Bliss presented on Plant Variety Protection for Vegetatively Reproduced Varieties in the USA at the Ciopora Academy’s Workshop on IP for Plants.
Intellectual property protection for new plant varieties in the U.S. has historically been divided into two distinct regimes, depending on how the plant is propagated. IP protection for asexually reproduced plant varieties existed only in the form of plant patents, which issue from the U.S. Patent and Trademark Office (USPTO). On the other hand, plants that are propagated sexually could be protected by one or both of a Utility Patent, issued by the USPTO, or a Plant Variety Protection (PVP) Certificate, issued by the U.S. Department of Agriculture. However, with the passing of the 2018 Farm Bill, PVP Protection is now available for asexually reproduced varieties. This presentation will discuss the latter protection option and provide information on its implementation.