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|Top of Notices (160) December 31, 2013||US PATENT AND TRADEMARK OFFICE||Print This Notice 1397 CNOG 661|
|Plants||Referenced Items (159, 160, 161)|
(160) Taking Effect in the United States of the International Convention for the Protection of New Varieties of Plants The International Convention for the Protection of New Varieties of Plants (the UPOV Convention) will take effect in the United States on Nov. 8, 1981. It will apply to all applications for the patenting of plants under the provisions of Title 35, United States Code, which are filed on or after Nov. 8, 1981. The actual filing date will govern in determining whether the Convention will apply to an application, even though the application may be entitled to an earlier effective date under section 119 or 120 of Title 35, United States Code. In addition to the United States, the UPOV Convention will be in effect as of Nov. 8, 1981, in the following fourteen States: Belgium, Denmark, Federal Republic of Germany, France, Ireland, Israel, Italy, Netherlands, New Zealand, Republic of South Africa, Spain, Sweden, Switzerland, and the United Kingdom. No changes in the patent law are needed to implement the UPOV Convention in the United States. An applicant for a plant patent will be required, however, to submit for registration a variety name for the plant to be patented. Registration is required by Article 13 of the UPOV Convention. Registrability shall be determined in accordance with the International Code of Nomenclature for Cultivated Plants (1980). As an interim procedure pending the promulgation of an appropriate rule, inclusion of the variety name in the application will be accepted as a submission of the name for registration. No plant patent as a result of an application filed on or after Nov. 8, 1981, shall be issued without the registration of a variety name. Questions concerning this variety naming requirement or the UPOV Convention may be addressed to: Mr. Michael K. Kirk, Director Office of Legislation and International Affairs Box 4 U.S. Patent and Trademark Office Washington, D.C. 20231 Mr. Kirk's telephone number is (703) 557-3065. Oct. 15, 1981 GERALD J. MOSSINGHOFF Commissioner of Patents and Trademarks [1011 OG 27]