Legal Definitions - Plant Variety Protection Act

Plant Variety Protection Act (PVPA)

The Plant Variety Protection Act (PVPA) is a United States federal law enacted in 1970. Its primary purpose is to provide legal protection, similar to a patent, for individuals or organizations that develop new and distinct varieties of seed-producing plants. This protection encourages innovation in plant breeding by granting the developer exclusive rights over their new plant variety.

When a Certificate of Plant Variety Protection is issued, the holder gains the exclusive right to:

• Sell the seeds or propagating material of that specific new plant variety.
• Reproduce the plant variety.
• Develop further hybrid varieties using the protected plant.

This means that others cannot legally perform these actions with the protected plant variety without the holder's permission, typically through a licensing agreement, for a specified period.

Here are a few examples of how the Plant Variety Protection Act might apply:

• Example 1: A New Drought-Resistant Corn Variety

  A plant geneticist spends years cross-breeding different corn strains to develop a new variety that can thrive with significantly less water than traditional corn. This new variety also produces a higher yield in arid conditions. To protect their significant investment of time and resources, the geneticist applies for a Certificate of Plant Variety Protection for this specific drought-resistant corn. If granted, they would have the exclusive right to sell the seeds of this corn variety, preventing other seed companies from reproducing or selling it without their permission for the duration of the protection.

• Example 2: A Unique Ornamental Flower

  A horticultural company cultivates a new variety of petunia that displays an unprecedented combination of vibrant purple and lime green stripes, along with enhanced resistance to common fungal diseases. Since petunias are seed-producing plants, the company can seek PVPA protection for this distinct new variety. This protection would allow them to be the sole legal supplier of seeds for this unique petunia, giving them a competitive edge in the ornamental plant market and allowing them to recoup their development costs.

• Example 3: An Improved Soybean for Specific Climates

  A university agricultural department develops a new soybean variety specifically adapted to grow in cooler, shorter growing seasons, which expands the geographical regions where soybeans can be profitably cultivated. They apply for PVPA protection for this novel soybean. This allows the university to license the production and sale of these seeds to specific agricultural businesses, ensuring the quality and integrity of the new variety while generating revenue that can be reinvested into further plant research.