UPOV, the Breeder’s Exemption, and U.S. Plant Patent Law

CIOPORA Academy

08/15/2019 01:15 p.m. - 02:30 p.m.

Patent Counseling + Prosecution, Plant Intellectual Property, and AgTech + Food

Hotel Baker
100 W Main St
St. Charles, IL 60174

Matthew A. Chivvis

Matthew A. Chivvis

Speaking Engagement

Mr. Chivvis will discuss the interplay between the breeder’s exemption under UPOV and U.S. Plant Patent law. U.S. Plant Patents can be used to protect asexually reproducing plant varieties (that are not tuber propagated). They forbid the asexual propagation, use, or importation in the U.S. of the protected variety or any of its parts. Plant Breeder’s Rights for asexually reproducing plant varieties within EU provide different protections. Although they include a longer list of enumerated rights, these rights are subject to large exceptions. Recent cases consider whether these two systems have created loopholes in protection that can be exploited by competing breeding operations.

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