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 for invention for 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.

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 therefore affect novelty.