Current Advances in Agricultural Sciences
  • Year: 2016
  • Volume: 8
  • Issue: 1

History of plant patents: A legal perspective

1Law College Dehradun, Uttaranchal University, Dehradun-248 007 (Uttarakhand), India

2Law College Dehradun, Uttaranchal University, Dehradun-248 007 (Uttarakhand), India

3Extension Division, Indian Council of Agricultural Research, New Delhi-110 012, India

*Email of corresponding author: hnair2006@gmail.com

Abstract

The Patent law was conceived mainly for the manufacturing Sector. However, by the late 19th Century, the cover of patent protection was extended to plants also. This trend was started in USA. Now almost all countries have some form of plant patent protection. Such a protection is given by either Patent Acts or a sui generis protection in the form of PBR. This paper traces the historical background of plant patents in brief. This is a general review as it is beyond the scope of this paper to examine the country specific historical development of plant patents.

Keywords

EPO, Ex parte Latimer, Patent, Plant breeders right, Plant patent