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Cassy Bright, Plant Patent Agent:

"US: "More breeders demand Utility Patents"

Utility Patents are increasingly being used for protecting new ornamental varieties in the US. "More breeders are asking for this patent for their seed propagated plants," says Cassy Bright of Plant Patent Agent, who will expand the business in filing Utility Patents this year. "We started with filing Plant Patents only, but recently we added the service of filing Utility Patents too."


Cassy Bright at the IPM Essen in Essen, Germany.

Advantage Utility Patent
"Interestingly, this patent possibility has existed for years, but was not widely practiced before in ornamentals. It was more likely to be used for vegetable varieties. Now, more breeders are demanding for this patent," says bright. According to her, a major advantage of this patent is that it protects the entire plant. This in contrast to a Plant Patent which is only eligible for vegetative propagated plants, and cannot exclude others from using their patented varieties in breeding programmes. All in all, this makes it an interesting option," she says.

Flat Fee rate
Patents are used by breeders to protect their intellectual property. However, the costs for introducing a variety can vary per variety and might cost the breeder a lot of time and money. Therefore Bright decided to work with a flat fee service when establishing the company. "In 1997, before starting up Plant Patent Agent, I worked for a American-Dutch company in the US. At that time, I had to assist several Dutch breeders with filing for a patent and I therefore had to work with large attorney firms. I was surprised how time-consuming this process is and how the bills could add up. For every question or reminder, the breeder receives a bill. So, after doing this for a while, I thought: I can do this too and I can assist the breeders better with my horticultural background. So I became registered to practice at the USPTO and started up my own company with a flat fee service. So whatever happens - if it is a complicated variety or if the patent needs to be filed quickly - the costs will be the same during the entire filing process. It is a service that enables breeders to better plan their budgets," she says.

For more information:
Plant Patent Agent
Cassy Bright
Email: [email protected]
www.plantpatentagent.com

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