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 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 provision is significant because:
- It limits priority claims to countries that have agreed to certain international standards for intellectual property protection.
- WTO membership ensures compliance with the TRIPS Agreement, which includes provisions for plant variety protection.
- UPOV membership indicates that a country has a system for plant variety protection that meets international standards.
- It promotes international cooperation and harmonization in plant breeder’s rights and patent protection.
By restricting priority claims to these countries, the U.S. patent system ensures that the foreign priority application meets a minimum standard of scrutiny and protection.
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