There are changes currently in progress at the US Patent and Trademark Office (USPTO), the result of the new America Invents Act (AIA) which is introducing some of the biggest changes in patent law seen in the US for many years.

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.

Graham will be walking more than 27 miles tomorrow to raise money for Help The Hospices. You can find out more and show your support by clicking here.

Graham will be at the Four Oaks Show tomorrow and Wednesday. See you there!

Graham will be at Plantarium on Wednesday and Thursday. We hope to see you there!

Plants For Europe works closely with similar businesses around the world so that we can offer a worldwide service to our breeder clients and ensure that the plants that our clients develop get the best chance at commercial success in all the major markets.

In Australia and New Zealand, we work closely with Tasmania-based Plants Management Australia. Anyone who has worked with Chris Sargent and his team will know that they run a first-class operation that effectively promotes new plants and carefully looks after the interest of plant breeders. To see that recognised in the 2011 Telstra Business Awards is fantastic and a just accolade for PMA.

You can see more information on the awards and watch Chris give not one, not two, but THREE acceptance speeches here.

This is not only great recognition of PMA, but a boost for horticulture in general (so often seen as a small, backward business that lacks innovation) and for plant variety rights management as a profession. Thank you PMA, it is a pleasure to work with you.