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Answers to Frequently Asked Questions 1-3  
1. Who may apply for plant variety protection?

 
Answer: Anyone who is the breeder of a unique cultivator of a sexually reproduced or tuber-propagated plant. This applies to citizens of the United States, as well as citizens of countries that are members of the International Union for the Protection of New Varieties of Plants. The applicant may be an individual, a public institution, or a corporation.

2. How do we go about filing an Assignment of Certificate?

 
Answer: The recording of an assignment can be done by completing Form ST 473 or sending a letter to the PVPO indicating the party for which the assignment/transfer is made from and to, along with the date of transfer. A fee of $41 per certificate/application needs to be paid, by credit card or a check made payable to the "Treasurer of the United States" and sent with the document indicating the assignment/transfer.

3. What if I've already sold seed of my variety but would still like to have it protected?

 
Answer: As long as you have not sold seed of the variety, offered or advertised it for sale for more than 1 year in the United States, prior to the date your application is filed at PVPO, your variety is still eligible for protection. You have more than one year of eligibility if the variety has only been sold in a foreign country. That time would be 4 years for most crops, and 6 years for a tree or vine.

 
Additional Information
 
  PVPO Staff Directory  
 
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  Last Modified Date: 08/01/2006