‘Bring US Plant Patent in line with Plants Breeders’ Rights’

“On September 2011, President Barack Obama of the United States (US) signed into law the most comprehensive change to the US patent law in over 60 years, the America Invents Act (AIA). The changes to US patent laws were monumental and intended to bring US patent laws more in line with the patent laws of the rest of the world. Unfortunately, plant patents, a forgotten aspect of US patent law, was not addressed with AIA and were not brought in line with the rest of the world”, state Barbara Campbell and James M. Weatherly and are attorneys at Cochran Freund & Young LLC in Denver, Colorado (US) in an article in the US trade magazine Greenhouse Product News (GPN).
Increasing a breeder’s comfort level in their novel plant
When the authors in their article talk about bringing US patent laws more in line with the patent laws elsewhere in the world, they refer specifically to the Plant Breeders’ Rights laws that are predominantly used outside the United States. “Changing the US plant patent novelty requirements to conform with the novelty laws of the rest of the world will not harm the original intent for the promotion of the progress of science and will allow a breeder to gain valuable information regarding the potential commercial success of their plant. Increasing a breeder’s comfort level in their novel plant, as well as their comfort in filing a new US plant patent application will only further increase the number of US plant patents filed – a win-win for both the breeder and the United States Patent and Trademark Office”, assure Barbara Campbell and James M. Weatherly in their article, with the headline PLANT PATENTS – THE FORGOTTEN PATENT. The original text is with permission of the authors and Greenhouse Product News attached to this news post.
The forgotten Patent