Plant Patenting: A Public Fruit Breeder's Assessment
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.