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ARTICLE · 07 DECEMBER 2022

USDA's PVP System Embraces Transgenic And Gene Edited Plants

Morrison Foerster
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Plant Variety Protection (PVP) is a form of intellectual property protection administered through the United States Department of Agriculture (USDA) for new varieties of plants.

United StatesIntellectual Property

This is an excerpt from a longer piece. For more information on the history and landscape of PVPs on transgenic plants,  read more.

Plant Variety Protection (PVP) is a form of intellectual property protection administered through the United States Department of Agriculture (USDA) for new varieties of plants. PVP certificates (PVPs), which have been available in the U.S. since the enactment of the Plant Variety Protection Act of 1970 (PVPA; 7 U.S.C. §§ 2321-2582), have historically been associated with traditional breeding. However, there are actually numerous granted PVPs covering transgenic plant varieties, and the USDA is now also granting PVPs to gene edited plants. This article describes a recently granted PVP for a gene edited plant, contextualizing this example PVP in the broader landscape of PVP certificates that are directed to plant varieties created using modern biotechnology.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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