Morrison & Foerster partner Michael R. Ward explained the specialized versions of IP law that have been developed for new plants in his article for Intellectual Property Magazine, “Planting the seeds of change.”
“…plants are unlike other inventions in that they can often self-propagate, and are also inherently tied to previous lineages,” he said. “In recognition of this, there are specialized types of IP that have been crafted specifically for plants. Thus, in addition to traditional utility patents, an inventor of a new plant may also seek protection through plant patents, Plant Variety Protection (PVP) certificates, and/or Plant Breeders’ Rights (PBRs). These may be further layered with trade secrets and/or trademarks, creating a web of intellectual property attuned to the distinct needs of plants.”
Read the full Intellectual Property Magazine article (reprinted with permission).