ibclogo XVI International Botanical Congess


Abstract Number: 3788
Session = 21.4.5


PLANT VARIETY PROTECTION IN THE USA


Janice M. Strachan, Senior Examiner, USDA Plant Variety Protection Office, Beltsville, Maryland 20705 USA


Development of a new plant cultivar, by traditional breeding methods or by modern molecular modification, requires a large input of time and effort. To recover the costs of research and development, the breeder may seek exclusive marketing rights for the new cultivar. Various ways of doing this exist, such as obtaining plant patents, utility patents, or plant breeder's rights (plant variety protection or PVP). In the USA, plant variety protection has been available for most seed-reproduced plants since 1970. Protection for first generation hybrids and tuber-reproduced crops was added in 1994. The rationale for this program existing separately from the US Patent Office will be explained and the procedure for obtaining a PVP certificate will be described. A summary of the US Federal Seed Act, which governs the naming of varieties in some crops, will be presented.


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