What 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 is a variety denomination in plant patents?
A variety denomination is a unique name given to a plant variety for identification purposes. In the context of plant patents, the MPEP explains: Inclusion of the variety denomination in the patent comprises its registration. The registration process in general terms consists of inclusion of a proposed variety denomination in the plant patent application. The…
Read MoreHow does the United States adhere to the UPOV Convention?
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…
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