Patenting and Protecting Plants in the united states
The united states is considered to be safe destination for the breeders and cultivators for the protection of the plants. USA is like to show off being a provider for protection under both systems such Plant Patent System and Plant Variety Protection. Plant Patent Law is nurtured among small fraction of Annual ragweed countries in which the United states is the most known among them. The united states has to be appreciated for their management of their Intelligent Property as it has inculcated an insurance plan which promotes an issue where anything created by hand of man under the sun meet the criteria for patenting.
Development of new varieties by traditional reproduction is carried out by the two forms of protection through the world. As the protection devices are primarily intended for the public contentment and the only the second priority goes to the developer or author, as Congress envisaged, there is a little bit confusion coming up as the public, in the event the farmers, are increasingly being affected their choice in the market. These developments occurred mainly due to some international promotions and with the advent of the Agreement on Trade Related Facets of Intelligent Property (TRIPS) in the world trading system of the former GATT and the new world Trade Organization. Hence the focus of the brief discussion sectors around the types of protection extended in the united states, the recent promotions and agreements like TRIPS and how it has effectively made a direct effect over the protection of plants in the united states and the aftermath consequences.
Solid base for the protection
Going back to the development of us patent, people of those time back in 1790 had generated an idea about the concept of patent and how it was put into use. There was an triggering momentum in the field of plant commercialization with the support of inspiring cultivation and with the planters adjusting into the businessmen curved on introducing new plants reproducing them through cutting, grafting using other asexual methods which enable them sell them and make profits. When these breeders and cultivators using this opportunity made the patent office understanding their problems which resulted in Plant Patent Act of 1930. The breeders of trees and shrubs (fruits-citrus and nuts), shrubs (azalea, viburnum etc. ) and ornaments (such as blueberry, grape, raspberry and strawberry) were the main beneficiaries of the Act of 1930.
Before the Act it was believed that even the artificial selectively bred plants were produced of nature when it comes to patent law just weren’t subjects to patent protection. There was an exemption of sexually produced plants as it was believed that seed reproduction would not make a path for new varieties of plants under the Act of 1930. The interesting thing to be in this Act was the plant patent law was not incorporated in the general patent law. While enacting the Plant Patent Act of 1930, the purpose of Congress was to extend to plant breeder the relief he deserves and the economic reality behind providing the protection getting materialized. And later on realizing the large input of time, money and effort of the breeder or cultivator in the development of a new plant variety, either by ‘traditional ‘breeding methods or by ‘modern’ molecular modification. With the entry of firms in the field of reproduction, it has become an inevitable from the marketing perspective of the economy to provide an adequate protection to them to think of their technology in expediting the process by using winter reproduction sites and ancestral mind games which might enable them to produce new varieties faster but at an unmanageable cost. The economic aspects are well considered so because of this to recover the cost of research and development, the breeders are vested with exclusive marketing protection under the law of the new variety. Thus the different types of protection such as plant patents, plant breeders protection under the law (plant variety protection) and now utility patents are there which are the plant protection ripe in the country fairly.