Profits, prejudice, and plant patents

The article discusses about trade secrets, trademarks and patents and plant patents. It is about the intellectual property protection while dealing with natural products.

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Plant Patents and Agriculture

Science ◽

10.1126/science.305.5680.40b ◽

2004 ◽

Vol 305 (5680) ◽

pp. 40b-40b ◽

Cited By ~ 23

Author(s):

S. Thomas

Keyword(s):

Plant Patents

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Cultivar Registration, a Joint Effort

Journal of Environmental Horticulture ◽

10.24266/0738-2898-2.3.102 ◽

1984 ◽

Vol 2 (3) ◽

pp. 102-106

Author(s):

Fred B. Widmoyer

Keyword(s):

Woody Plants ◽

American Association ◽

Cultivated Plants ◽

International Code ◽

Joint Effort ◽

Media Development ◽

Public Gardens ◽

Botanical Gardens ◽

Industry Leadership ◽

Plant Patents

This paper recommends cooperation between researchers, public gardens and nurserymen in a project to properly name, release and document new plant releases to the industry. Leadership for registration of woody plants not specifically assigned to any other society has been assigned to the American Association of Botanical Gardens and Arboreta (AABGA). Greater participation may be stimulated by publication of articles on registration in various media; development of interactive programs between nurserymen, public gardens, universities and the Office of Plant Patents; involvement of state representatives interested in stimulating the use of the International Code of Cultivated Plants—1980. Programs are in various stages of implementation.

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DNA FINGERPRINTING OF ROSES FOR PATENT PROTECTION

HortScience ◽

10.21273/hortsci.25.8.864e ◽

1990 ◽

Vol 25 (8) ◽

pp. 864e-864

Author(s):

Mark Hubbard ◽

John Kelly ◽

Albert Abbott ◽

Robert Ballard

Keyword(s):

Gel Electrophoresis ◽

Patent Protection ◽

Agarose Gel ◽

Agarose Gel Electrophoresis ◽

Dna Library ◽

Length Polymorphisms ◽

Genetic Level ◽

Plant Patents ◽

The Rose ◽

Sensitive Method

To protect plant patents, rose breeders would benefit from a reliable and sensitive method for differentiating cultivars at the genetic level. Rcombinant DNA technologies are being employed to characterize individual DNA structure of numerous rose cultivars. Restriction fragment length polymorphisms (RFLPs) are being studied to develop a characteristic pattern, or fingerprint for each cultivar. DNA from various cultivars is restriction enzyme digested and the fragments separated by agarose gel electrophoresis. The gel is Southern blotted and hybridized with probes from the rose DNA library to yield RFLPs. RFLPs are being located and will eventually result in a characteristic fingerprint for each cultivar.

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The New Trend of Invention Plant Patents

Scientific American ◽

10.1038/scientificamerican0133-62 ◽

1933 ◽

Vol 148 (1) ◽

pp. 62-63

Author(s):

Sylvester J. Liddy

Keyword(s):

Plant Patents

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Plant Patenting: A Public Fruit Breeder's Assessment

HortTechnology ◽

10.21273/horttech.3.3.262 ◽

1993 ◽

Vol 3 (3) ◽

pp. 262-266 ◽

Cited By ~ 2

Author(s):

James N. Moore

Keyword(s):

Public Institutions ◽

Individual Plant ◽

Fruit Breeding ◽

Breeding Programs ◽

Plant Products ◽

Whole Plant ◽

Plant Genes ◽

Plant Characteristics ◽

Plant Patents ◽

Positive Force

The strategy of plant patenting as a means to generate research funds is gaining increasing interest in fruit breeding programs in public institutions. Patenting can be a positive force in maintaining fruit breeding programs if applied to superior cultivars and supported by well-designed licensing and distribution procedures. To qualify for a plant patent, a cultivar must be distinct, new, and asexually propagated, and cannot be in public use or on sale more than 1 year prior to the application for patent. Plant patents provide protection only for the whole plant as described. In contrast, utility patents can be obtained to provide proprietary rights to individual plant genes, plant characteristics, and plant products. The possible impact of utility patents on future fruit breeding programs is discussed.

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