Which countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries:
- WTO (World Trade Organization) member countries
- Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties
This is specified in MPEP 1613, which states:
“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).”
It’s important to note that the country where you filed your plant breeder’s rights application must be either a WTO member or a UPOV Contracting Party at the time of filing to be eligible for this priority claim.
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