[MPWG] Protecting and Defending Inventions Involving Plants

[Sonya]

A lengthy but informative article filled with various types of 
information........
covers a plethora of pertinent case history, statutory subject matter, 
the legislative history underlying the Plant Patent Act. The John Deere 
tests for the plant world. The material also states that plant patents 
do not have to satisfy the biological deposit requirement. However, if 
one does not have the accommodating specimens available, "the plant must 
be made available for official inspection where grown. 37 C.F.R. 
1.166(b)", Covers Plant Variety Protection---note there is a biological 
deposit requirement for obtaining a P.V.P.A. certificate.. Patent 
Infringement....Infringement and Defenses to Infringement, Plant Variety 
Protection Act.......

http://www.mofo.com/news/news/files/article636.html

Protecting and Defending Inventions Involving Plants
January 2002
by Michael R. Ward This paper was first presented at The Second Annual 
Meeting of the Business Law Section and the Intellectual Property 
Section of the State Bar of California, April 27-29, 2001.

U.S. Law provides a variety of forms of intellectual property protection 
for plants. Plants may be the subject of a utility patent, a plant 
patent and/or a Plant Variety Protection (P.V.P.) Act certificate. As 
explained in more detail below, in principle, a plant developer may 
obtain a utility patent, a plant patent and a P.V.P. Certification on a 
single variety if that variety can be propagated by seed and by 
cuttings. However, few plants fall into this category. Generally, 
breeders who develop asexually reproducing plants such as roses and 
fruit trees seek plant patent protection for their new plants and 
breeders of sexually reproducing plants such as lettuce, corn, wheat, 
etc., seek utility patent and/or P.V.P. protection for their new lines.

----------------------------
Sonya  PLoS Medicine 
The open-access general medical journal from the Public Library of Science 
Inaugural issue: Autumn 2004   Share your discoveries with the world. 
http://www.plosmedicine.org