Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 7612 / SEEDWORLD.COM FEBRUARY 2017 “This also includes breeding work outside of the United States. That seed can’t be imported or exported prior to patent expiration.” To help interested individuals understand what is covered under a patent, the U.S. Patent and Trademark Office makes this information available on its website. Weatherly says that claims can be made to germplasm, meth- ods used to produce germplasm and more. If someone, or a company, infringes on a patent or PVP before its expiration, they can be liable for paying damages and royalties, in addition to seizure or destruction of infringing crops. “There can be major consequences to conducting activities prior to a patent’s expiration,” Weatherly says, including the cost of litigation. Weatherly says the risks of IP infringement far outweigh the rewards. “The rewards are short-term gains,” he says. “The cost of litigation for patent infringement can run upward of $600,000. Plus, and maybe most importantly, is the damage to a company’s reputation. “It’s a small industry and word gets around quickly. You don’t want your name to be mentioned, or to come to mind, in discus- sions of bad business practices.” Falconer adds that if PVP in crops, such as lettuce, is com- monly compromised, “without a doubt, you will see innovation slow.” Yet, he says there is more and more demand for solutions to challenges such as insects, disease, waste and limited labor. “If we are to stay ahead of these issues, it needs to make good busi- ness sense,” he says. Weatherly advises companies and breeders to take the time to know their rights and the rights of others before jumping into anything. “Do your due diligence beforehand and talk to a seed “Just because you are not selling the seed doesn’t mean that you are not infringing.” — James Weatherly WHERE ON THE WEB To search for a specific patent and its claims, visit the U.S. Patent and Trademark Office at uspto.gov/patents-application-process/search-patents. dealer, check the bag tag and tag labeling, refer to the limited use/technology use agreement, consult the seed company web- site and contact the seed company,” he says. Falconer acknowledges that playing by the rules can be com- plex. “Companies need to have a robust and thorough IP system, not just to protect their own innovations, but also to respect the IP of others,” he says. To help those in the seed industry better understand the intellectual property associated with plants, SIPA hosts techni- cal education units throughout the year. The next event will be held Jan. 29 in conjunction with the American Seed Trade Association’s annual Vegetable & Flower Seed Conference in Orlando, Fla. Learn more at seedipalliance.com. SW