impact of plant variety protection john calvert united states patent and trademark office
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IMPACT OF PLANT VARIETY PROTECTION IMPACT OF PLANT VARIETY PROTECTION
John CalvertUnited States Patent And Trademark Office
John CalvertUnited States Patent And Trademark Office
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Intellectual Property Laws Applied to Plant Varieties in the U.S
Intellectual Property Laws Applied to Plant Varieties in the U.S
Plant Patent (PPA)
Plant Variety Protection (PVPA)
Utility Patent (Patent for Invention) (Patent Law)
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The History of Plant Variety Protection in the United StatesThe History of Plant Variety
Protection in the United States
1St Patent Act(Utility Patent)
1790
1930 19811970
Plant Patent Act
(PPA)
1985
1999
Plant Variety Protection Act (PVPA)
Joined UPOV 1978 Act
Joined UPOV1991 Act
Utility PatentApplied to Plants
1994
Amended Plant Variety Protection Act (PVPA)
Patent Act(Utility Patent)
1952
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• Administered by United States Patent and Trademark Office (USPTO)
• Applies to “anything under the sun that is made by man”
• Must meet requirementso Useful
o New (Novelty)
o Non-obviousness
Utility PatentUtility Patent
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• Administered by United States Patent and Trademark Office (USPTO)
• Applies to asexually reproduced plants• rooting, cuttings, grafting, budding, division, slips,
layering, bulbs, rhizomes, runners, corms, tissue culture
Plant PatentPlant Patent
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Administered by Plant Variety Protection Office (PVPO), USDA (www.ams.usda.gov/PVPO)
Applies to sexually (seed) propagated plants, edible tuber
Examples: bean, corn, celery, potato, sesame, soybean, sunflower, etc.
U.S. Plant Variety Protection Act (PVPA) 7 U.S.C. §§ 2321-2582
U.S. Plant Variety Protection Act (PVPA) 7 U.S.C. §§ 2321-2582
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Patent Law (“Utility” or Invention)
Plant Patent Law
Plant Variety Protection Law
Applicable to
Plant, plant part, gene, protein, method, etc.
Asexually propagated plant and its asexually propagated progeny.
Sexually (seed) propagated plant varieties
Rights to exclude others from
Making, using, selling, offering for sale and importing the plant, or any of its parts
Making, using, selling, offering for sale and importing the plant, or any of its parts
Selling, marketing, conditioning, stocking, offering for sale, reproducing, importing or exporting, using the variety to produce (as distinguished from develop) a hybrid or different variety
Term of Protection
20 years term from date of filing
20 years term from date of filing
20 years (25 years for trees or vines) from issuance of the certificate
Exemption Crop Exemption: A person (farmer) may save seeds for planting on the person’s land, but NO transfer to others for seed reproduction purposes
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Impact of Plant Variety ProtectionImpact of Plant Variety ProtectionImpact of Plant Variety ProtectionImpact of Plant Variety Protection
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Increased InnovationIncreased Innovation
Innovation means: Improved germplasm Products that enable farmers to be more productive
• Increased yield –high yielding varieties
• Reduced cost—quality seeds
• Less risk of loss—disease resistance, insect resistance, drought tolerance
Products that improve food quality-low fat, high protein Products that has better industrial application: fiber
strength, bio-energy crops New and distinct products
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Number of PVP Applications Foreign Origin vs. U.S. Origin
0
50
100
150
200
250
300
350
400
450
1970
1975
1980
1985
1990
1995
2000
2005
2010
Year
Nu
mb
er
Foreign Origin
U.S. Origin
INCREASED INNOVATION
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Number of Plant Patents Granted (U.S. vs. Foreign Origin)
0
200
400
600
800
1000
1200
1400
Year
Nu
mb
er o
f p
aten
ts
Total
U.S. Origin
Foreign Origin
INCREASED INNOVATION
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Innovation Brings ChoicesInnovation Brings Choices
For Farmers reduces impact of factors beyond their control Pests/diseases Temperature Moisture Soil conditions Length of growing season Nutrient uptake
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Improve Crop YieldsImprove Crop Yields
Source: Agricultural Statistics, NASS, USDA, various years
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6
5
4
3
2
1
0
1930 1940 1950 1960 1970 1980 1990 2000
Wheat
Corn
Cotton
Soybeans
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Improve Crop YieldImprove Crop Yield
Increased average corn yields 1930s 30 bushels/acre (1.6 tons/hectare) 2005 140 bushels/acre (6.7 tons/hectare)
Quadrupled cotton yields More than tripled soybean yields
Source: American Seed Trade Association
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US Seed Industry TodayUS Seed Industry Today
US Industry – $12 b Global Industry – $27b Heavy investment to new traits and new
technologies
Source: American Seed Trade Association
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A Pipeline Beyond ImaginationA Pipeline Beyond Imagination
Source: American Seed Trade Association
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Impact of Plant Variety ProtectionImpact of Plant Variety Protection
Increased Innovation Increased Investment in R&D Improved Productivity Preserved Natural Resources More Choices for Farmers and Consumers Expanded Trade
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Contact InformationContact Information
John Calvert
Administrator
Inventor Assistance Program
United States Patent and Trademark [email protected]
571-272-4983