b'Intellectual Property Protection for Plants Drives the Next Wave of Horticulture InnovationBeauty and law intersect to safeguard innovation in the seed industry.By Aimee Nielson, Seed World U.S. EditorTHE HISTORY OF PLANTpatentsSince then, more than 28,500 plantpatents, and/or plant variety protection began in 1931 with a now-iconic plantpatents have been granted, emphasiz- certificates, each crucial tools that ensure varietya climbing rose named Newing the importance of this legal tool inbreeders can safeguard their work and Dawn. This pale pink rose, known for itspromoting botanical innovation. The Newcontinue advancing the industry. disease resistance and repeat blooms,Dawn rose wasnt just a flower; it was aThe seed industry needs partners was the first plant to be patented undersymbol of how legal protections couldin the legal world to push the process the Plant Patent Act of 1930. While thedrive creativity and progress in horticul- through.seed industry is not intimately involvedture seeds and plants. "Plant patents, utility patents, and plant in roses, that patent set the stage forIn horticulture, new plant varieties variety protection certificates are each protecting all kinds of plants.whether its a disease-resistant sunflowervital tools," says Bree Vculek, law associate That patent marked the beginning ofor a more flavorful tomatoare morein the Biotechnology & Chemical Practice legal protection for plants, paving the waythan just the result of careful breeding.Group at Sterne, Kessler, Goldstein & Fox. for countless new varieties that have sinceThey represent innovation and creativ- "They give breeders various legal frame-transformed gardens and the horticultureity. These new plant varieties can beworks to protect their inventions, ensur-industry. protected through plant patents, utilitying that years of work aren\'t replicated or misused by others."The Power of ProtectionEach form of intellectual property protec-tion for plants doesnt exist in isolation. "What many people dont realize, is that plant patents, utility patents, and plant variety protection certificates can work in tandem," Kesslers Biotechnology & Chemical Practice Group director Gaby Longsworth explains. Theyre not mutu-ally exclusive; rather, they can comple-ment each other, encouraging innovation across the horticulture industry."For instance, while plant patents pro-tect asexually reproduced plants, utility patents can cover asexually or sexually reproduced plants, genetically modified plants, algae, bacteria, fungi, genes, pro-teins, specific traits, or specific methods of making or using the plants, etc. Plant variety protection certificates, on the other hand, can include sexually and asexually reproduced plants, including tuber-propagated plants, and industrial hemp with 0.3% THC. 30/ SEEDWORLD.COMFEBRUARY 2025'