What is the right of priority for plant patent applications based on plant breeder’s rights?
The right of priority for plant patent applications based on plant breeder’s rights is established under 35 U.S.C. 119(f). This provision allows an applicant for a plant patent to claim priority based on an earlier application for plant breeder’s rights filed in certain foreign countries.
According to MPEP 1613:
“Pursuant to 35 U.S.C. 119(f), an application for a plant patent may rely upon an application for plant breeder’s rights filed in a WTO member country (or in a foreign UPOV Contracting Party) for priority under 35 U.S.C. 119(a) through (c).”
This means that if you’ve filed for plant breeder’s rights in a qualifying country, you can use that filing date to establish priority for your U.S. plant patent application, potentially giving you an earlier effective filing date.
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