Plant Variety Protection (PVP)
PVP Office | PVP
Database | PVP
Excerpt | PVP Article
The Plant Variety Protection Office (PVPO), in the US Department of Agriculture,
administers the Plant Variety Protection Act (PVPA) by issuing Certificates of
Protection.
This is a public database, updated approximately monthly. The information
is provided through the Germplasm Resources Information Network, which is maintained
by the U.S. Department of Agriculture's Agricultural Research Service.
The database includes active and expired certificates and can be searched
by PV Number/Variety Name or by Applicant or Owner Name.
Details of plant variety protection are described
in this excerpt
from the Plant Variety Protection Act:
Sec. 42. Right
to Plant Variety Protection; Plant Varieties Protectable.
(a) In general.-The breeder of any sexually reproduced or tuber propagated
plant variety (other than fungi or bacteria) who has so reproduced the variety,
or the successor in interest of the breeder, shall be entitled to plant variety
protection for the variety, subject to the conditions and requirements of this
Act, if the variety is-
- (1) new, in the sense that, on the date of filing of the application for
plant variety protection, propagating or harvested material of the variety
has not been sold or otherwise disposed of to other persons, by or with the
consent of the breeder, or the successor in interest of the breeder, for
purposes of exploitation of the variety-
- (A) in the United States, more than 1 year prior to the date of filing;
or
- (B) in any area outside of the United States-
- (i) more than 4 years prior to the date of filing, except that
in the case of a tuber propagated plant variety the Secretary may
waive the 4-year limitation for a period ending 1 year after the
date of enactment of the Federal Agriculture Improvement and Reform
Act of 1996; or
- (ii) in the case of a tree or vine, more than 6 years
prior to the date of filing
- (2) distinct, in the sense that the variety is clearly distinguishable
from any other variety the existence of which is publicly known or a matter
of common knowledge at the time of the filing of the application;
- (3) uniform, in the sense that any variations are describable, predictable,
and commercially acceptable; and
- (4) stable, in the sense that the variety, when reproduced, will remain
unchanged with regard to the essential and distinctive characteristics of
the variety with a reasonable degree of reliability commensurate with that
of varieties of the same category in which the same breeding method is employed.
Important Exclusions
- There are two important exclusions to the type of protection provided by
the PVPA. (These are notable because utility patents are not subject to these
exclusions.)
- First is that farmer's are allowed to save seed for their own
planting.
- Second, breeders and researchers have access to plant material.
Plant Variety Protection: An Alternative to Patents
Although old, this article from the US Department of Agriculture introduces
the Plant Variety Protection Act in some detail.
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