Plant Variety Rights

(PVRs)

Experts in IP Protection for Plant Variety Inventions


Improvement of crop and ornamental species by genetic modification or modern breeding techniques remains a significant area of innovation. A number of IP rights may be suitable for protecting plant inventions, including patents, trade marks, plant Variety Rights (PVRs) and entry on the national list or common catalogue. Our experienced IP specialists are well placed to assist our clients in this area, having a wealth of practical experience.

In Europe, individual plant varieties that are distinct, uniform and stable can be protected either nationally or at European Community level. Separately, European and national patents can be obtained for plants and plant-related inventions which are not restricted to plant varieties per se, although certain plant breeding methods and plants obtained by those methods are excluded from patentability.  Despite the EU’s strict policies on growing genetically modified crops and uncertainty surrounding the use of genetic resources in plant breeding, there is considerable commercial interest in these technical areas and in IP protection for the output of biotech research and classical breeding programs.

Our expert IP team is led by Frances Salisbury, who has a PhD in plant molecular genetics. An expert in this field Frances has completed the official World Intellectual Property Organisation (WIPO) course on Plant Variety Protection under the UPOV Convention.

Read our Plant Variety Rights Law and Practice guide.

Read our blogs

UPC Weekly - Three darts all miss – PI based on three patents refused due to validity concerns and insufficient proof of infringement

UPC Weekly - Three darts all miss – PI based on three patents refused due to validity concerns and insufficient proof of infringement

by Eliot Ward

2026 Week 5 For good or bad, it is now clear that inter partes preliminary injunction (PI) proceedings at the UPC end up being mini-trials of the substantive issues. In Guardant Health v. Sophia ...

Round up of recent EPO Board of Appeal decisions relating to antibodies

Round up of recent EPO Board of Appeal decisions relating to antibodies

by Joanna Cripps

We have carried out our annual review of EPO Board of Appeal decisions published up to the end of 2025 where the claimed subject matter relates to antibodies. We have selected those decisions that ...

Most opposed patents of 2025

Most opposed patents of 2025

by Katherine Green

Writing this year’s overview prompted déjà vu and a quick check of 2024’s most opposed patents confirmed that the same innovators feature at the top of the list: patents in the name of Novartis (for ...

UPC Weekly -  Limits on jurisdiction outside the UPC when invalidity looms

UPC Weekly -  Limits on jurisdiction outside the UPC when invalidity looms

by Matthew Naylor

2026 Week 4 The extent of the jurisdiction asserted by the UPC is a hot topic at the moment. On 22 January 2026, the UPC Court of Appeal (CoA) held the oral hearing in the appeal against the ...

UPC Weekly -  Purpose-based interpretation avoids infringement of medical device claim but defendant still on the hook for costs

UPC Weekly -  Purpose-based interpretation avoids infringement of medical device claim but defendant still on the hook for costs

by Matthew Naylor

2026 Week 3 Being sued for patent infringement at the UPC is a full-on experience. The front-loading of the procedure and the urgent time limits mean that far-reaching strategic decisions need to be ...

Front loading and pointers to the solution – the view from the UPC Court of Appeal

Front loading and pointers to the solution – the view from the UPC Court of Appeal

by Matthew Naylor

2026 Week 2 After the Edwards and Amgen decisions in late November 2025, we now have a further UPC Court of Appeal (CoA) decision, reviewing the outcome of first instance revocation proceedings at ...

Forward Magazines 4

Mewburn Ellis

FORWARD MAGAZINE

Mewburn Ellis Forward is a biannual publication that celebrates the best of innovation and exploration. Through its pages we hope to inform and entertain, but also to encourage discussion about the most compelling developments taking place in the scientific and entrepreneurial world. Along the way, we’ll engage with the IP challenges that international organisations face every day.