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Agricultural Biotechnology Intellectual Property: Glossary

Patents grant their owners the exclusive right to make, use or sell discoveries and inventions, for a limited time. Utility patents, plant patents, and plant variety protection certificates are all forms of intellectual property that can apply to agricultural inventions.

Utility patents can apply to all sorts of biotechnology inventions, agricultural equipment and techniques, and many other inventions.

Plant patents apply only to certain distinct and new varieties of plant arrived at through asexual reproduction (grafting, cuttings, and other methods).

Plant variety protection certificates apply to uniform, stable and distinct new varieties arrived at through sexual reproduction or tuber propogation.

Field trials indicate regulatory release authorizations of genetically modified organisms by USDA's Animal and Plant Health Inspection Service (APHIS).

Assignee indicates ownership interest stated in a patent, meaning that the interest was declared to the USPTO at the time of the patent award. The assignee often reflects the employer of the inventor. Note that patent assignees in the database reflect ownership interest in patent rights at the time of the patent award only; subsequent transfer of ownership, licensing agreements and other forms of intellectual property rights transfer are not described in the database.

Ownership indicates a majority or controlling interest in an assignee at the end of a calendar year. Ownership histories in the database reflect a considerable effort to consolidate publicly available information from company press releases, news stories, and other sources about changes in assignee ownership. These histories does not describe all possible assignation of intellectual property rights, licensing activity, or other forms of cooperation such as joint research enterprises. Entity ownership—especially among private firms, but also among nonprofit and governmental organizations—is sometimes difficult to establish in given time periods; mergers, acquisitions, spinoffs and complex organizational structures often obscure assignee ownership.

International Patent Classification (IPC) is an hierarchical system used to classify, organize and search patents. According to the World Intellectual Property Organization (WIPO), which maintains the IPC, it also serves as an instrument for orderly arrangement of patent documents, a basis for selective dissemination of information and a basis for investigating the state of the art in given fields of technology. The classification scheme contains 70,000 entries.

United States Patent Classification (USPC) is the system used to determine examination for patent applications to the United States Patent & Trademark Office.

United States Patent and Trademark Office (USPTO) is the agency of the U.S. Department of Commerce responsible for examining patent applications and issuing U.S. utility and plant patents.

 

For more information, contact: John King

Web administration: webadmin@ers.usda.gov

Updated date: August 26, 2004