b'"In some instances, it\'s like a three-leg- variety name that does not conflict with ged stool," Longsworth says. "There arean existing name for the crop, and deposit cases where all three protections are usedseeds or tissue cultures of sexually repro-to provide full coverage of exclusivity forduced plants (for asexually reproduced plant innovation." plants, samples are to be maintained by the applicants themselves and need not Obtaining Intellectual Propertybe deposited). Protection for Plants Plant variety protection certificate Securing intellectual property protectionowners have the right to exclude others for plants is a detailed and meticulousfrom selling, marketing, reproducing, process.importing or exporting the protected vari-"The application requires more thanety for 20 years (25 years for trees and just a pretty picture," Longsworth says.vines) from the issuance of the certificate."To apply for a plant patent, for exam-ple, inventors must submit a thoroughThe Business of Botanybotanical description, including the plantsFor horticultural businesses, intellectual genus, species, and distinctive traits. ThisBree Vculek, l aw associate, Sterne, Kessler,property protections offer not just pro-ensures the uniqueness of the plant isGoldstein & Fox. tection but a competitive edge. well-documented and protected." "Developing a new plant variety is Once filed, the plant patent and utilityexpensive," Vculek says. "Without the patent applications undergo rigorousintellectual property protection, theres review at the U.S. Patent and Trademarknothing stopping competitors from copy-Office (USPTO), ensuring that the plant ising your work and selling it as their own."truly novel and distinct.The protection provided by a plant A plant patent application encom- patent, utility patent, and/or plant variety passes various elements, including aprotection certificate lasts for 20 years detailed botanical description, photo- from the filing date, offering breeders and graphic evidence, and a comprehensivecompanies a lengthy period of exclusive claim drawn to the plant as a whole.rights to reproduce and sell their crea-Factors such as genus and species,tions.growth habits, cultivar name, and distinc- Vculek says its a small price to pay for tive botanical characteristics all contrib- safeguarding years of research and devel-ute to the completeness of the botanicalopment. Intellectual property protection description, ensuring a robust defense ofgives companies the confidence to invest the inventors intellectual property rights.in long-term projects, knowing the work is The grant of a plant patent from the U.S.protected.Patent and Trademark Office (USPTO) includes the right to exclude others fromGabby LongsworthKesslersCultivating the Future asexually reproducing the plant, and fromBiotechnology & Chemical PracticeAs the horticulture industry continues to using, offering for sale, or selling the plant,Group director. evolve, various forms of intellectual prop-or any of its parts, or from importing theerty protections for plants will remain a plant into the United States. Separately, a similar rigorous reviewkey driver of innovation. The requirements for utility patentsprocess occurs at the Plant Variety"The future of plant breeding is incred-include utility, novelty, non-obviousness,Protection Office (PVPO) of the Unitedibly exciting," Vculek continues. "With the written description and enablementStates Department of Agriculture (USDA)intellectual property protections offered and the grant of a utility patent fromwhen it comes to plant variety protectionfor plants, breeders can focus on creating the USPTO gives the patentee the rightcertificates. Upon receiving applications,new varieties that will not only beautify our to exclude others from making, using,the PVPO examines them to estab- world but also contribute to agricultural offering for sale, or selling the inventionlish that the varieties are new, distinct,sustainability and resilience. With these throughout the U.S. or importing theuniform and stable. Applicants mustprotections in place, the next great plant invention into the U.S.complete all application forms, provide avariety is just around the corner.SW32/ SEEDWORLD.COMFEBRUARY 2025'