Submitted to: American Journal of Potato Research
Publication Type: Other
Publication Acceptance Date: 5/15/1996
Publication Date: N/A
Citation: N/A Interpretive Summary:
Technical Abstract: The Plant Variety Protection Act (PVPA) was amended effective April 4, 1995 and the regulations related to the Act have been revised. As a part of these amendments, the potato was added to the list of crops to be protected. The PVPA provides patent-like protection (20- year period) for seed-reproduced and tuber-reproduced crops. To qualify for protection the variety must be distinct of all other varieties uniform, and stable. If the variety has either been 1) sold or used for commercial purposes, or 2) disposed of to other persons with the consent of the breeder in the U.S. for more than one year or in a foreign country for longer than four years, then the variety is ineligible for protection. An amendment to the PVPA in the spring of 1996 allows for a 1-year period of grandfathering in potato varieties that have been protected outside the U.S. PVPA protection can be requested for these varieties and the period of protection will be equivalent to the time of protection remaining in the original country of protection. For example, if a variety has had 11 of its 20 years of protection in the Netherlands at this time, it can be protected up to 9 more years in the U.S. if PVP is awarded. The Ad Hoc Committee of the Potato Association of America was found to advise the Plant Variety Protection Office of descriptors and other issues related to plant variety protection for potato. This announcement describes the basics for applying for this protection.