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new and distinct

Plant Law: How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes?

How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes? “So how can I know if the cultivar I bred is really new and distinct enough for patenting, because I heard it’s required for a cultivar to be ‘new and distinct’ in order to be patentable?” Here’s my answer: It is …

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Three Rookie Mistakes Plant Patent Applicants Make

COMMON BUT VERY AVOIDABLE MISTAKES IN PLANT PATENTING Protect Those Cultivars, But Do It Right Plant breeders must devote many years and tremendous effort to develop a new plant variety with strong commercial potential.  In order to protect all that effort from illicit copying (propagating), many choose to seek protection under the U.S. plant patent …

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Why Should I Patent a Plant?

Suppose you are a plant breeder. You know there is significant demand for a table grape that ripens two weeks earlier than anything currently on the market. Who wants to buy grapes imported from half a world away, where the seasons are different, or grapes that have been sitting in storage, if there could be …

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What Does It Take to Get a Plant Patent?

Plant patents provide a very important tool for people, companies, and universities to protect each new variety of plant they develop.  Plant patents protect the developer’s exclusive control over asexual propagation of the new variety. For information about the effort that goes into developing a new plant variety, and the importance of plant patents, click …

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Protecting Your Cannabis Genetics in Canada and Internationally

Since I live and work in the US, my blog is obviously US-centric.  However, I have helped plant breeders in many different countries obtain IP protection for their cultivars all over the world.  In the US, protection for plant cultivars can be in the form of plant patents, utility patents, and/or USDA PVP registrations.  In …

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How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes?

“So how can I know if the cultivar I bred is really new and distinct enough for patenting, because I heard it’s required for a cultivar to be ‘new and distinct’ in order to be patentable?” Here’s my answer: It is new and distinct by definition. What does that mean? Let me answer with an …

How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes? Read More »