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Volume 14, Issue 4 - Winter 2009
From Penury to Prodigal: Protection Creep for U.S. Plant Varieties
By
W. Lesser
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Intellectual property protection for traditionally-bred plant varieties in the U.S. is both recent and rapidly expanding. The simultaneous existence of three partially overlapping forms of protection complicates the understanding of intellectual property protection to plant varieties. While conceptually patentable subject matter, the nonobviousness standard for patentability is difficult to apply to plant varieties. Most breeding choices are “obvious to ... |
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Virginia Journal of Law and Technology Association
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Charlottesville, VA 22903
Phone: 434-924-7090
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