Breeders’ Choice: New Option for Protecting Plant Breeders’ Rights

Craig Regelbrugge January 14 2020

On January 6, the USDA Plant Variety Protection Office published a final rule implementing a provision of the 2018 Farm Bill addressing horticultural innovation. The new rule expands the Plant Variety Protection Act (PVPA), the framework under which seed-reproduced varieties are commonly protected, to include asexually reproduced plants.

Breeders can now choose among plant patents, utility patents, trademarks, and PVP certificates depending on the nature of their new variety. Each...

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