The first important type of intellectual property protection is the utility patent. For example, in the United States utility patents provide protection to “any new and useful manufacture, or composition of matter, or any new and useful improvement thereof” (35 U.S.C. §101).  This includes plants, plant parts (such as seeds, pollen, fruit, flowers), plant cultivars, hybrids, transformed cells, vectors, genes, gene fragments, proteins, DNA, RNA and processes of making any of these. Any plant innovations which meet the statutory requirements of novelty, utility, and nonobviousness are eligible for utility patent protection. Patents have been issued worldwide to protect plant inbreds, hybrids, plant parts, biotechnology methods, genes, and many other plant innovations. 

It is important to remember that plant protection laws vary from country to country. Our firm has extensive experience with plant protection in the U.S. and countries all around the world. Our firm has earned its reputation based on the extensive training and experience, both scientific and legal, of its professional staff.

We strive to obtain for our clients the best protection available through a thorough and creative approach in preparing and prosecuting patent applications, negotiating and drafting license agreements, collaborative research, development and marketing agreements, materials transfer agreements and other types of agreements relating to biotechnology.

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