Plant Breeders’ Rights
Granted to the breeder of a new plant variety
Plant breeders' rights (PBR), also known as plant variety rights (PVR) give the breeder exclusive control for a certain number of years over the new variety’s propagating and harvested material. These rights allow the breeder to become the exclusive legal owner and distributor for the variety who can license the variety to others.
The breeder has the exclusive right to sell, use, produce, import, and export propagating material of the innovative variety created. The breeder, as legal owner, has also the right to authorize others to do the same.
How can I qualify?
To qualify for Plant Breeder Rights (PBR), a variety must be new, distinct, unique, and stable. The breeder must also give the variety an acceptable "denomination", which becomes its generic name and must be used by anyone who markets this variety.
How the process works
Typically, plant variety rights (PVR) are granted by national offices after examination. Seeds are submitted to the plant variety office, where it is grown for one or more seasons to check that it is distinct, stable, and uniform.
If these tests are passed, exclusive rights are granted for a specified period. Annual renewal fees are required to maintain the rights.
Patent rights and plant breeder's rights can sometimes overlap, causing tension or disputes.
How we can help you
Our practice team is comprised of educated professionals with thorough experience in the application, use, sale, and licensing of plant breeders’ rights.
They have the right background along with professional support from experts in molecular genetics and agriculture.
This expertise allows our team to advise clients on all matters of plant breeders’ rights including food science, materials, plant varieties, plant genetics, and biotechnology.
Our clients range from individuals and small businesses to major corporations and universities.
Our Plant Breeder Services
- Drafting and filing patent applications.
- Coordinating the filing and prosecuting of patents application.
- Drafting and negotiating patent licensing agreements including assignments.
- Conducting due diligence investigations in commercial transactions, audits, and patent search.
- Providing opinions on patentability, validity, and infringement.
- Providing strategic advice on intellectual property portfolio and enforcing rights.
Get in touch
Write to us if you have a new plant variety that you would like to protect.
