What is the significance of WTO membership and UPOV Contracting Party status for plant patent priority claims?
The significance of WTO (World Trade Organization) membership and UPOV (International Union for the Protection of New Varieties of Plants) Contracting Party status lies in their role as qualifying criteria for plant patent priority claims. These international agreements ensure a level of standardization and reciprocity in plant variety protection. MPEP 1613 specifies: “Pursuant to 35…
Read MoreWhat is the UPOV Convention?
The UPOV Convention, or International Convention for the Protection of New Varieties of Plants, is an international agreement that provides intellectual property protection for plant breeders. According to the MPEP, The International Convention for the Protection of New Varieties of Plants (generally known by its French acronym as “UPOV Convention”) was adopted on December 2,…
Read MoreWhat international agreements can form the basis for a priority claim?
Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions: The Paris Convention for the Protection of Industrial Property The Hague Agreement Concerning the International Registration of Industrial Designs The Benelux Designs Convention The Convention on the Grant of European Patents (European Patent Office) The Patent Cooperation Treaty…
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