To arrange a meeting, contact us now. The diary is pretty full already!

Our friends at Globe Planter in France are a good example of a company that does a good job of promoting plants, both to their grower and retailer customers and also to the end user. Here is an excellent example of this, a webpage that promotes Euphorbia, including three varieties licensed by PFE (in French).

We are absolutely delighted that the Government has now brought forward draft legislation to bring the Patent Box into law, effective from next year, and that they say that PVR will be included. However, whilst the guidance notes say that PVR are included (and one assumes that will be both UK PVR issued by the Plant Variety Rights Office (PVRO) and Community Plant Variety Rights issued by the Community Plant Varieties Office (CPVO)), we see no specific mention of PVR in the draft legislation – merely reference to the potential for Government to add to the list of included IP by Statutory Instrument. When will such an SI be brought forward?

We also notice that for “licensed-in” IP, there is a requirement for exclusivity, at least at national level. Our understanding is that a national exclusivity would be in conflict with EU competition/freedom of movement of goods legislation.

We shall be consulting on these matters and seeking clarity from Government.

Helleborus Walberton’s® Rosemary is a fantastic plant.

But don’t take my word for it – read this article.

Greenhouse Grower covers the trials here.

University of Illinois website

In the US, new plant varieties that are propagated asexually are generally protected by Plant Patent as the US does not have a sui generis system of Plant Variety Rights that covers asexually reproduced plant varieties. Consequently, changes to patent law have implications for breeders of new plant varieties. PFE is currently studying these changes and will post more on them here in the coming days and weeks. Of course, please remember that PFE is a breeder agency, not a law firm, so please consider these posts as only our interpretation of the law and not to be considered as legal advice.

One of the interesting changes is the adoption of a new discounted fee structure for "micro-entities". For some time, there has been a 50% fee discount for "small entities" – individuals, businesses with less than 500 employees and not-for-profit organisations. The new fee structure (which, incidentally, sees an increase in fees payable to the USPTO in the order of 15%) now allows a 75% reduction in fees for micro-entities. There are detailed requirements that need to be satisfied in order to qualify for this and you should ask us for more details or seek independent advice. However, the essence of this is that individuals with no more than four previous applications for patent at the USPTO and with gross annual income of less than three times the US median household income (as published by the US Census Bureau; 2010 figure: USD49,445) would qualify as micro-entities. Educational establishments would also qualify.

All that said, although the new micro-entity discount was supposed to come into effect last month, the USPTO has not yet said when it will actually make the new discount available to applicants. We must hope that it is soon.

This will certainly be of benefit to the small, independent, backyard breeder. It may also be beneficial for anyone starting out in breeding. If PFE is able to obtain the discount when making US Plant Patent applications on your behalf, please be assured that we will pass the discount to you.

Salvia Wendy’s Wish is featured on Graham Rice’s blog at the Royal Horticultural Society website – click here.

Wendy’s Wish is a great plant, with a long season of flower, neat habit and handsome foliage. The flower colour is striking and it is easy to grow.

Need more information? Contact us! Plants For Europe Limited is the EU agent for this variety, bred by Wendy Smith in Australia.

EU Plant Variety Rights applied for.