How does the United States adhere to the UPOV Convention?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The United States adheres to the 1991 text of the UPOV Convention, but with a specific reservation. According to the MPEP, The United States adheres to the 1991 text, and has a reservation under Article 35(2) of the text (which allows plant patents rather than breeder’s rights certificates to be granted). This means that while the US follows the UPOV Convention, it maintains its system of granting plant patents instead of breeder’s rights certificates, which are more common in other member states.