The united states is considered to be safe safe place for the breeders and cultivators for the protection of the plants. USA is pleased with being a provider for Common Ragweed protection under both systems such Plant Patent System and Plant Variety Protection. Plant Patent Law is nurtured among small community of countries in which the United states is the highest among them. The united states has to be appreciated for their management of their Mental Property as it has inculcated coverage which promotes circumstances where anything of hand of man under the sun are eligible for patenting.
Development of new varieties by traditional mating is carried out by the two forms of protection during the world. As the protection devices are primarily intended for the public survival and the only the second priority goes to the inventor or author, as Congress envisaged, there is a little bit confusion coming as the public, in the case the farmers, will be affected their choice in the market. These developments occurred mainly due to some international events and with the advent of the Agreement on Trade Related Areas of Mental Property (TRIPS) in the world trading system of the former GATT and the new world Trade Organization. Hence the focus of the brief discussion bags around the types of protection extended in the united states, the recent events and agreements like TRIPS and how it has effectively made an effect over the protection of plants in the united states and the aftermath consequences.
Solid base for the protection
Going back to the advancement of us patent, people of those time back in 1790 had generated an idea about the concept of patent and how it was put into use. There was an activating momentum in the field of plant commercialization with the assistance of inspiring cultivation and with the planters altering into the businessmen tendency on introducing new plants reproducing them through cutting, grafting using other asexual methods which enable them sell them and make profits. When these breeders and cultivators using this opportunity made the patent office understanding their problems which resulted in Plant Patent Act of 1930. The breeders of timber (fruits-citrus and nuts), shrubs (azalea, viburnum etc. ) and ornaments (such as blueberry, grape, raspberry and strawberry) were the main beneficiaries of the Act of 1930.
Before the Act it was believed that even the artificial carefully bred plants were produced of nature for the purpose of patent law are not subjects to patent protection. There was an different of sexually produced plants as it was believed that seed reproduction would not make a means for new varieties of plants under the Act of 1930. The interesting thing to be in this Act was the plant patent law was not incorporated in the general patent law. While enacting the Plant Patent Act of 1930, the objective of Congress was to extend to plant breeder the relief he deserves and the economic reality behind providing the protection getting materialized. And later on realizing the large input of time, money and effort of the breeder or cultivator in the development of a new plant variety, either by ‘traditional ‘breeding methods or by ‘modern’ molecular modification. With the entry of enterprises in the field of mating, it has become an inevitable from the marketing perspective of the economy to provide an adequate protection to them to create their technology in expediting the process by using winter mating sites and innate treatment which might enable them to produce new varieties faster but at an expensive cost. The economic aspects are well considered and so to recover the cost of research and development, the breeders are vested with exclusive marketing the law of the new variety. Thus the different types of protection such as plant patents, plant breeders the law (plant variety protection) and now utility patents are there that produces the plant protection enriched in the country reasonably.