Understanding plant sciences patents
November 13, 2008
Intellectual Property News and Interesting Facts
Under biotechnological patents you will also find more specifically plant sciences patents. In numerous countries around the world, plant sciences patents do not extend to patent right on plant varieties or production processes of plant varieties.
It is however, possible to qualify for patent right under plant sciences patents if it is a genetic modification of a plant.
It should be noted that the breeding of a plant or animal with the aim to obtain a new variety is not patentable. You will however have rights protecting your traditional breeding method to get the new variety which can be obtained as a Plant Breeder’s Right, but it is not a patent.
The USA however allows for a plant patent if certain conditions are met.
Understanding the fine line of what is patentable as part of plant sciences patents is essential and as such you can read more about it at our biotechnological patents page or contact us for assistance.
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