USDA Accepting Applications of Seed-Propagated Hemp for Plant Variety Protection Cannabis
May 3, 2019
By: Nabil Rodriguez, J.D. &
Justin McNaughton, Esq.
On April 24, 2019, the U.S. Department of Agriculture (“USDA”) announced that the Plant Variety Protection Office (“PVPO”) would start accepting applications for protecting hemp varieties. The PVPO program provides a form of intellectual property protection to breeders of new varieties; it grants certificates of exclusivity that last 20 years (25 years for trees and vines). Certificate owners have rights to exclude others from marketing and selling their varieties and allows them to manage the use of their varieties by other breeders.
In the U.S. there are 3 types of intellectual property protection that breeders can obtain for new plant varieties:
Plant Variety Protection – seed and tubers (USDA) Plant Patents – asexually propagated plants except for edible tubers (Patent & Trademark Office) Utility Patents – in this context for genes and modified organisms (Patent & Trademark Office)
The application requires the following general program requirements:
Completed application. Payment of fees: A fee of $4,382 must be paid with the application; a certificate fee of $768 must be paid upon issuance of the certificate. These fees are subject to change and are non-refundable. A variety name that doesn’t conflict with an existing name. Deposit of 3,000 viable untreated seeds of the variety; additionally for hybrids, 3,000 seeds of each parent needed to reproduce the variety.
Should you have any interest in submitting an application for your hemp seed varieties, or any questions regarding the implementation of this new program, please contact us.
About Greenspoon Marder
Greenspoon Marder is a national full-service business law firm with 240 attorneys and 26 locations across the United States. We are ranked amongst
American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Since our inception in 1981, our firm has been committed to providing excellent client service through our cross-disciplinary, client-team approach. Our mission is to understand the challenges that our clients face, build collaborative relationships, and craft creative solutions designed and executed with long-term strategic goals in mind. We serve Fortune 500, middle-market public and private companies, start-ups, emerging businesses, individuals and entrepreneurs nationwide. MEDIA CONTACT Michelle Martinez Reyes, Chief Marketing Officer 954.333.4357 | firstname.lastname@example.org