Basics of US Plant Variety Protection

 

iStock_000032422204LargeWhat is Plant Variety Protection?

  • A property right for seed propagated varieties and lines which regulated and issued by the USDA Plant Variety Protection Office. See the Plant Variety Protection Act (7 U.S.C. 2321 et seq.)

What can be protected?

  • Any sexually reproduced or tuber-propagated plant

Novelty requirements?

  • Seed of the variety must not have been sold, offered or advertised for sale for more than 1 year in the US prior to the date filing for a US PVP.  If seed has only been sold outside the US, you have 4 years from the first sale in a country outside the US for most crops, and 6 years from the first sales in a country outside the US for a tree or vine

Application requirements?

  • A detailed description of the characteristics of the subject plant and seed, statistical analyses derived from trial data from multiple locations and years, the requisite PVP forms, and a seed deposit

*** The Seed Innovation and Protection Alliance is not a law firm and does not provide legal advice. Information provided on this website is for educational purposes only.