Information / Faqs

FAQ - Plant variety right

Can a plant variety be protected?

A plant variety can be protected in Italy and in all member states of the European Union, by requesting a plant variety right. It is not possible to obtain patents on plant varieties either in Italy or in the other member states of the European Union.

I have published an article in a scientific magazine which describes in detail a new plant variety, does this mean I can no longer obtain protection?

It may still be possible to obtain protection: publication of a variety’s description does not affect novelty, as long as no sale of propagation material has taken place and if the description was published within certain time limits.

Do experimental acts concerning a variety, for instance to check on adaptability in different areas, affect novelty?

In order to affect novelty, a commercial act must take place within certain time limits, with the permission of the breeder and for the purpose of exploiting the variety. Truly experimental acts do not affect novelty.