Many plant breeders rely on intellectual property protection as a cornerstone of their business. The USPTO administers the U.S. Patent Act and issues patents for new inventions in all areas, including agriculture-related technologies. The USDA administers certificates under the Plant Variety Protection Act that grant breeders exclusive rights to new plant varieties. Both systems have the shared goal of incentivizing innovation and increasing public knowledge about new technologies in agriculture.
Following a 2021 Executive Order titled “Promoting Competition in the American Economy” (pdf), USDA and USPTO renewed their commitment to collaboration to ensure that farmers, researchers, and plant breeders can successfully navigate the intellectual property system for plants, regardless of the size of their business. This includes increasing transparency about how our respective agencies examine applications for intellectual property rights, how to determine whether a plant is subject to protection, and carefully considering the unique needs of the agricultural community in policy setting processes. It is essential that all those who create and depend on agricultural innovations have access to a transparent and fair intellectual property system and the seeds they need to be successful.
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