Agricultural genetics
Protecting seed, tubers, and asexually reproduced plants
Our law firm not only defends our clients’ agricultural rights – we are also on the forefront of efforts to educate the public about the importance of existing seed laws. These laws were created by Congress and state legislatures to ensure the uniformity and high quality of seeds for farmers. As part of a seed certification procedure, extensive scientific testing ensures that seed supplied to America’s farmers is of the highest quality. We are proud of our part in the educational initiative known as “Farmers Yield Initiative.”
This group consists of leading universities, private entities, and public seed certifying agencies that collaborate to promote the importance of our nation’s seed laws to the American farmer. One way Farmers Yield Initiative communicates that information to the public is in its yearly publication, shown here.
Varietals are valuable
You spend significant amounts of time, resources, and expertise to develop new plant varieties. Your successes are protectable intellectual property. This protection is available to all plant breeders, including universities. Henry Law can help you protect your future royalties on grains, wheat, grasses, peas, and much more.
PVPA
The Plant Variety Protection Act first signed into law in 1970, amended in 1994, and again in 2018, provides a third avenue of intellectual property protection to Plant Patents and Utility Patents. Under the PVPA, breeders can obtain a certificate that allows them exclusive control of their varietals for 20 years (or 25 years for vines and trees). This exclusive control allows breeders to recoup their investments through the sale of the newly developed varieties.
The 2018 Farm Bill
The Agricultural Improvement Act of 2018 (“2018 Farm Bill”) expanded the protections available under the PVPA by adding asexually propagated plants to the existing categories of seeds and tubers.
Existing Seed Laws
The United States has a patent-like protection system in place in order to encourage innovation in the field of plant genetics. That law is the Plant Variety Protection Act. Congress also provides that plants can be patented using the United States Patent Office, subject to the usual requirements of novelty and patentability. There are also other important seed laws that vary from state by state governing seed certification procedures and the elimination of noxious and harmful weeds.
PVPA benefits
U.S. agriculture and farmers
Encourages development of new or improved varieties.
Ensures better agronomic varieties for producers.
Provides genetically pure varieties to the producer through the use of certified seed.
Ensures ongoing variety development by public and private plant breeders.
Encourages the development of varieties better suited to the environment, including pest and disease resistance.
Grants developers patent-like protection from the sale of protected varieties.
Promotes agriculture production.
Promotes food security.