Plant Variety Protection 

Ensure your rights

Capitalize on your plant variety business

Plant variety protection is an Intellectual Property right which, when secured, will guarantee you the monopoly on a species or genus. This means that, if a third party wishes to explore a protected variety, they will always have to gain prior authorization from the rights holder.

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Know the Business

So, how does the plant variety monopoly work?

Once the plant variety is registered, the monopoly lasts between 20 to 30 years, depending on both the species and the jurisdiction in question. It is important to understand that the plant variety must belong to a group of plants with a botanical taxon of the lowest known rank and it must also be distinct, uniform, stable and new:

Distinction

Distinction means a variety which is clearly differs from others.

Uniformity

Uniformity means the distinctive features remain uniform even after multiplied.

Stability

Stability is when those distinctive features remain unchanged after several multiplications.

Novelty

Novelty means the variety in question has never been sold or disposed before filling the application.

If these requirements are met, once the plant variety application is accepted, the rights owner may use, produce, sell and disclose their assets safe in the knowledge that they are securely and legally protected.

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Process

Registering is vital in this business!

Imagine that you have spent 10 or 15 years developing and creating a new plant variety and still require many more years before being able to introduce it onto the market. You have invested a great deal of effort and dedication, so it does not make sense to devalue the importance of protecting it by exposing your Intellectual Property to dangers that may compromise its market performance.

This is why, at Inventa, we support team development and have highly-qualified and experienced professionals in this sector, ensuring you the maximum protection of your plant creations in all the process:

Your questions

Our answers

Plant variety protection is normally used for a group of plants with a botanical taxon of the lowest known rank, and it grants the monopoly of this asset on the market. If you grow, produce, or have developed a new variety of plant, then you can (and should) register its variety.

For a plant variety to be eligible for protection, it must be new, distinct, uniform, and stable. If it meets all of these requirements, you can register and protect your plant variety.

Since biopiracy is too high a risk for those who work in this sector, plant variety protection may be requested by individuals who are interested in or dedicate their time to its development. It is also available to companies operating in the agri-food industry, biotechnology firms, and research and investigation centers.

Inventa offers a multidisciplinary team of highly-qualified professionals in this sector who can provide you with maximum assistance in the protection of your plant variety. They help you in the fulfillment of legal requirements, as well as in following up all procedures until the final registration, and in contacting the competent public authorities.

Inventa can assure you the management of the whole process of plant variety protection, by:

  • Analyzing the variety in question.

  • Developing the strategic plan most suited to your case.

  • Adapting to and complying with the requirements to file the application.

  • Managing Distinctness, Uniformity and Stability tests (DUS) included in the technical examination to be carried out.

  • Filling the application.

  • Managing contracts and licenses.

  • Technical-legal follow up for the duration of plant variety protection in question.

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