Not Every Application Begins with an Application
Before applying for Plant Breeders' Rights, a U.S. Plant Patent, or any other form of intellectual property protection, it is important to consider the strategy behind your innovation.
Intellectual property protection involves costs. That is why it is not always advisable to seek protection automatically in every country or for every innovation. A well-considered strategy helps you invest your resources where they will have the greatest impact, increasing the potential return on your investment.
Cultivera® Cultivera® helps plant breeders make these strategic decisions.
Which Type of Protection Is Right for Your Situation?
Every innovation is unique. Factors such as the crop, the target market, expected commercial potential, and international ambitions all play an important role.
Questions We Commonly Discuss Include:
- Is protection for this variety commercially worthwhile?
- Which countries are most relevant?
- Is European Plant Breeders' Rights protection sufficient?
- When is national protection the better option?
- Would a U.S. Plant Patent application add value?
- Would additional trade mark protection be beneficial?
- When should an application be filed?
- What risks arise if protection is delayed?
By answering these questions at an early stage, a protection strategy can be developed that aligns with the plant breeder's commercial objectives.
International Protection Strategy
Many new plant varieties are marketed in more than one country. As a result, an important question is where intellectual property protection will deliver the greatest commercial return.
Not every country offers the same commercial opportunities, and the available forms of intellectual property protection vary from one jurisdiction to another.
Cultivera® helps develop an international protection strategy, taking into account factors such as:
- Key Commercial Markets
- Production Locations
- Propagation Activities
- Competitive Position
- Available Protection Systems
- Expected Costs and Potential Returns
The result is a protection strategy that reflects the true commercial value of the variety.
Royalty and Licensing Strategy
An intellectual property right only creates value when it is commercially exploited.
That is why we support plant breeders with questions such as:
- What is a market-appropriate royalty rate?
- How are royalties calculated?
- When is a fixed licence fee more advantageous?
- When is an exclusive licence the right choice?
- When is it preferable to license multiple parties?
- How do you maintain control over royalty reporting and settlements?
A well-designed royalty and licensing strategy can make a significant contribution to the long-term commercial success of a protected variety throughout its entire period of protection.
Practical, Independent Advice
Cultivera® combines many years of experience in Plant Breeders' Rights with extensive knowledge of the international plant breeding industry.
We do not only consider what is legally possible, but above all what makes commercial sense. Your interests and business objectives are always at the heart of our advice.
Whether you are protecting a single new variety or managing an extensive international portfolio, we help you make the right decisions at the right time.
Need Strategic Advice?
Have you developed a new plant variety, or would you like to explore which protection strategy best supports your commercial plans?
We are happy to work with you, even before an application is filed.
You Grow. We Protect. It’s that simple.