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Patents Corner
Update on Plant Variety Protection Act
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by Becky Mahurin
In the last issue of Discovery I addressed the different protection mechanisms for plants and plant varieties. In describing the so called "farmer's exemption" I erred. According to a USDA Bulletin "Plant Variety Protection Act and Regulations and Rules of Practice," revised August 1996, the farmer's exemption has, thankfully, been eliminated.
A farmer is still allowed to save seed of a variety protected by Plant Variety Protection (PVP) for replanting on his own land. This seed must have been originally obtained through authority of the owner of the PVP. A farmer is no longer allowed to save seed from his land to sell over the fence to a "neighbor" as was previously allowed under the "farmer's exception". Additionally, it is illegal for a farmer to sell PVP protected seed to others as unnamed seed, merely not referring to the protected seed name in order to circumvent PVP protection.
These changes in PVP protection are good news for those who have invested in developing unique varieties and look to PVP for protection of those varieties. If you have questions, please call me at 994-7868.
Becky Mahurin
Director of the Technology Transfer Office at MSU
© 2000 Montana State University-Bozeman
Discovery April 1997
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