Intellectual property protection of plant biotechnology inventions.
The intellectual property protection of biotechnology-related subject matter is undergoing significant change and several countries have revised their legislation and/or patent practice as a result of challenges from industry and members of the public. Plant-related subject matter can be protected using plant variety protection, utility patents or, in the USA, by plant patent. Although easier to obtain than a utility patent, plant variety protection does not provide the same scope of protection. Protecting a plant using a utility patent is permitted only in countries that allow the patenting of higher life forms and requires a higher degree of experimental support than is required for plant variety protection, although the scope of protection is being steadily reduced.
Sechley
Konrad A
KA
Gowling Lafleur Henderson LLP, Ottawa, Ontario, Canada. konrad.sechley@gowlings.com
Schroeder
Hans
H
D001709:Biotechnology / Q000331:legislation & jurisprudence* / Q000639:trends; D002170:Canada; D005060:Europe; D005818:Genetic Engineering / Q000331:legislation & jurisprudence*; D018973:Intellectual Property; D007391:International Cooperation / Q000331:legislation & jurisprudence*; D010067:Ownership; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D010944:Plants; D030821:Plants, Genetically Modified; D014481:United States; D037041:United States Government Agencies