Re: CULT: Patently Confused
- To: iris-talk@onelist.com
- Subject: Re: [iris-talk] CULT: Patently Confused
- From: D* G* H*
- Date: Mon, 16 Aug 1999 23:07:51 -0600
- Priority: normal
From: "David G. Holm" <sherlock@amigo.net>
I would like to add my 2 cents worth. There is a difference between
patenting and plant variety protection. My experience relates to primarily to
potatoes.
In about 1993 the US Congress amended the Plant Variety Protection Act.
This amendment allowed tuber crops that are vegetatively propogated to be
protected. Prior to this potatoes were ineligible. However some potato
cultivars were patented. The amended act was brought about by lobbying
efforts of the potato industry in the US and because other countries wanted
to market their potato cultivars in the US.
Our Colorado potato breeding program has applied for protection on two
potato selections . Royalties on potato varieties may or may not be
collected. If they are collected they will be used primarily to support further
potato breeding and related research efforts.
It is my understanding that potatoes cannot be patented now. However
genes and techniques for inserting genes into potatoes can be patented.
It is also my understanding that the Plant Variety Protection Act excludes
protection for any plants produced from rhizomes.
Plant Variety Protection allows the purchaser of a protected plant to
produce plants for their own use, but they cannot sell or give away plant
material to anyone else without permission of the owner of the variety.
More information about PVP may be found at
http://www.ams.usda.gov/science/pvp.htm. This site is a good overview of
PVP and the costs associated for applying for protection.
Dave
Dave Holm
Professor of Horticulture (Potato Breeding)
Colorado State University
sherlock@amigo.net
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