(137) Department of Commerce
Patent and Trademark Office
United States Adherence to the
International Union for the Protection
of New Varieties of Plants (UPOV)
On Nov. 12, 1980, the United States deposited its instrument of
acceptance of the 1978 text of the UPOV Convention. The United States
was the second State to adhere to this text, New Zealand having
earlier done so.
The UPOV Convention will take effect with respect to the United
States and the other adherents to the 1978 text upon a total of five
adherences, three of which must be by present member States (States
adhering to the text of the Convention). We expect at least three
present member States to adhere shortly and the 1978 text to take
effect, therefore, during 1981.
The United States deposited its instrument of acceptance on the basis
of the legal protection offered for asexually reproduced plants under
the plant patent law (35 U.S.C. 161-164). Accordingly, the Convention
will apply only to asexually reproduced plants protected under this
law. Steps are now being taken, however, by the Plant Variety
Protection Office of the Department of Agriculture to conform the
implementation of the Plant Variety Protection Act (7 U.S.C. 2321 et
seq.) to the Convention's requirements. When this is done, the United
States will notify the UPOV Secretariat that the Convention is also
applicable in the United States to sexually reproduced plants
protected under that Act.
Questions concerning the UPOV Convention may be directed to the
Office of Legislation and International Affairs of the Patent and
Trademark Office. This Office may be addressed as follows: Box 4,
Commissioner of Patents and Trademarks, Washington, D.C. 20231. The
Office's telephone number is (703) 557-3065.
SIDNEY A. DIAMOND
Dec. 16, 1980 Commissioner of Patents and Trademarks
[1002 O.G. 102]
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