Plant Variety Protection in the United States

Abstract

The U.S.A. has several types of intellectual property rights that apply to plant cultivars or varieties. Plant Variety Protection (PVP) is handled by the U.S. Department of Agriculture (USDA), PVP Office. A PVP is similar to plant breeders’ rights in other International Union for the Protection of New Varieties of Plants [known by its French acronym (UPOV)] countries; however, in U.S.A., eligibility for PVP is limited to seedor tuber-reproduced plant varieties. Varieties need to be new, distinct, uniform, and stable to be granted a PVP Certificate. Once granted, the breeder has exclusive marketing rights for a limited time. This allows breeders to recover the costs of research and development, and encourages them to reinvest in agricultural breeding work.