b'PROTECTING INNOVATIONOpen Source Plant Material And Intellectual PropertyTODAY WE HEARthe term open source moreAs shown in the table, the vast majority of regis-and more. It is a term that is most commonly identi- tered plant varieties in the United States do not appear fied with software and firmware development outbe protected by a patent. For carrots, onions and of the Silicon Valley. However, the term is becomingpumpkins, only approximately 1% of the registered vari-common in the plant industry.eties appear to be protected by patents. With cucum-The term open source is often associated withbers that number is 2%, with tomatoes at 4%, peppers the software industry where newly created materialsat 5% and spinach and lettuce at 8%. Looking at it the receive automatic copyright protection. Here, the termother way, more than 90% of the registered varieties open source is often used in association with plantfor these crops, are freely available for plant breeding. material that has no restrictions or intellectual property JAMES WEATHERLY protection, such as patents or limited use agreementsIs all the best plant material locked up by Seed Innovation andand is often thought as being in the public domain. Thispatents?Protection Allianceunrestricted plant material allows breeders free accessWe also hear that all the best plant material is locked executive director. to the plant material for breeding and research.up by patents. As shown on the table, most of the plant material out there is open for plant breeding. However, Is all of the plant material protected by patents? it is also true that the seed industry is continuously We often hear that all of the plant material in the US isworking to develop new varieties, and these new varie-protected by patents. This is a common misconcep- ties come at a cost, both in time and money. For many tion but doesnt appear to be true. Below is a table thatcrops, it can be a 7- to 10-year period to develop and shows the approximate percentage of varieties percommercialize a new variety, often costing upwards of crop type that have been patented. Percentages are alla $1 million per year. However, in order to recoup their approximate and are based on the number of regis- investment in these new varieties, breeders often use DALE HUNT tered varieties with the U.S. Department of Agriculturepatents. This is because a patent allows the holder to is a Registered Patentper crop type versus the number of U.S. patents issuedprevent others from making, using or selling a patented Attorney with Plantper crop type.variety, allowing a breeder the ability to control the and Planet Law Firmnew variety for the term of the patent.and has over 20 yearsPercentage of patents versusHowever, it is also becoming an increasingly of experience protect- Crop registered varieties common practice in the seed industry for breeders ing plant IP. Youto license their patented varieties to other breeders can contact Dale atCarrots 1% at companies and universities. If you are interested in DHunt@pnplf.com. Corn 10% breeding with a variety, just reach out to the patent Cotton 10% holder and see about a license. Cucumbers 2% In the end, the vast majority of plant material in the United States, when legally accessed, may be used for Lettuce 8% breeding and research without IP restrictions. And for Onion 1% those materials that are protected by intellectual prop-Peppers 5% erty rights, the material may be available for licensing. For more information on open source material and Pumpkin 1% intellectual property rights, contact the SIPA program Soybeans 43% by visiting the SIPA website at www.seedipalliance.com Spinach 8% or contacting James Weatherly at jamesw@seedipal-Tomato 4% liance.com. SW16/ SEEDWORLD.COMFEBRUARY 2020'