How to Patent a Variety
| Make Cross | yr 1 |
| Germinate Seed | yr 2 |
| Est Seedlings in Field | yr 2 |
| Eval and Select Seedlings | yr 4-6 |
| Prop seedling selections | yr 6-7 |
| Est in prop seedlings in field | yr 7 |
| Eval | yr 9-10 |
| Reprop for larger field trials | yr 10 |
| Est in field as rep trial | yr 11 |
| Eval | yr 13-15 |
| Release | yr 16 |
- Go into MyPackPortal to Manage my projects, Intellectual Property, Invention disclosure Process (OTT), Innovator’s portal
- Fill out Disclosure (see copy) and write summary of performance, send both to OTT and possibly some bush/fruit pictures
- This is then sent electronically to the Breeder’s release board in CALS (revolving committee-usually Hort person, crop science person and maybe plant path). Roger Crickenburger is in charge of this (semi retired)
- Release board makes a recommendation to Steve Lommel to release or not (Jim hasn’t been in the meeting to make a case for release…but in the future do I need to participate?)
- Once OK’d by the board a public announcement can be made (such as at the open house). From public announcement there is 12 months to get patent done.
- Write up the release notice (notice of the release) which is signed by Steve Lommel (see example)
- Write UP Plant Patent Application (see and follow outline by Jim/Denny Werner) and send it to OTT.
- If you decide to patent outside the US…it needs to be done right after you patent in the US.
- Jim says OTT covers cost of patent and that they just take royalties until the patent cost is covered and go in the “hole” if not enough plants are sold. I was told that to release a variety I had to guarantee sale of 10,000 plants.