PROTECTION OF PLANT PATENTS

1- PROTECTABLE SUBJECT MATTER.

New plant varieties (protected by the Law of Plant Varieties of March 12, 1975) are excluded from patent protection. However they can be protected as long as they differ from the existing varieties, belong to the same taxon and remain stable in their features.

It shall be considered that a plant variety is not NEW either if, before the date on which protection is sought, it has been commercialised in Spain, or if it has been commercialised abroad during the 4 years immediately prior to its application, or if it has been published or described in a previous application.

2- LIST OF PROTECTABLE PLANT VARIETIES.

The following list mentions some of the more than 800 plant varieties which can be protected:

ALFALFA
ALMOND TREE
ALMOND PEACH TREE (HIBRID OF)
RICE
OATS
BARLEY
CITRICS:
ORANGE TREE, MANDARIN ORANGE TREE, LEMON TREE
GRAPERFRUIT TREE
CARNATION
STRAWSBERRY
SUNFLOWRE
PEA
BROAD BEAN
VIOLET CLOVER WHEAT
COMMON VETCH
HORSE BEAN
KIDNEY BEAN
LETTUCE
LENTIL
CORN
APPLE TREE
PEACH TREE
MELON
POTATO
ROSE TREE
WATERMELON
SOYA

3- TERM OF PROTECTION.

A minimum 15-year term of protection from the date of GRANT is set for herbaceous varieties and a 18-year term for trees; protection shall be no longer than 20 years.