USDA Technology Transfer Program

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Technology Transfer For Plant Breeders
Agricultural Research Service Office of
Technology Transfer
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What we will cover

• Material Transfer Agreements for plants
• ARS process for releasing plant material
• Plant Variety Protection Committee
• Methods for protection of the intellectual
• property in plant varieties

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Can unreleased germplasm be shared for breeding
and/or evaluation?
yes, with appropriate documentation

• Documentation
• Cooperative research agreement
• Material Transfer Agreement
• (MTA)
• Standard Material Transfer Agreement
• (SMTA)

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What are the purposes of an MTA?
Allow others to evaluate ARS germplasm
Allow others to breed with ARS germplasm
Allow ARS to evaluate non-ARS germplasm
Allow ARS to breed with non- ARS germplasm
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What are the purposes of an MTA? (contd)

• Confidential transfer of material related
  information
• Protects proprietary patent rights
• Restricts the use of material related
  information

MTA does not authorize cooperative research and
requires the signature of the RL and TTC!
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How do you develop an MTA?
Different MTA templates exist for evaluation and
breeding
MTAs can be custom written for specific
situations
Consult with your TTC for help in selecting or
developing an MTA
Be sure to have your TTC review any MTA provided
by another party
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What is an SMTA?
Developed by International Treaty on Plant
Genetic Resources for Food Agriculture (PGRFA)
Establishes a multilateral system (MLS) for
facilitated access to PGRFA and for sharing
benefits arising from their use
Legally-binding contract with pre-negotiated
terms under the UN Food Agriculture
Organization (FAO)
SMTA must accompany each transfer of covered
PGRFA materials
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What is covered by an SMTA?
64 food feed crops listed in Annex I
PGRFA in the International Agricultural Research
Center Collections
PGRFA ex situ collections of national
governments or public domain
PGRFA donated or available to MLS by public or
private entities
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What does the SMTA NOT cover?
Crops not listed in Annex I
Chemical, pharmaceutical or other non-food or
non-feed uses of Annex I crops
Public collections not under national government
control or private collections
PGRFA found in situ
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What are the SMTA rules?
SMTA must be reported to the International Treaty
All non-confidential information resulting
from using PGRFA must be made available to the MLS
Research breeding materials that incorporate
PGRFA must be exchanged under the terms of the
SMTA
The full text of the SMTA is available at
ftp//ftp.fao.org/ag/agp/planttreaty/agreements/sm
ta/SMTAe.pdf
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What sources of germplasm might be subject to
SMTA obligations?

• Treaty Party
• International Agricultural Research Center
• NPGS, for accessions acquired under SMTA
• Researcher who received PGRFA under an SMTA

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NPS authorization is required to use SMTA
material in an ARS breeding program
Seedlings bred from publically available
germplasm (ARS germplasm) with SMTA protected
germplasm becomes SMTA protected germplasm
If an ARS breeding program incorporates SMTA
germplasm, then it is not publically available
without restrictions
Check with your RL, National Program Leader (NPL)
TTC
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What is the procedure for using SMTA material in
breeding?
SY / RL / NPL decide if SMTA material should be
used
SY contacts TTC TTC sends SMTA to OTT for
processing
OTT gets official NPS approval
TTC send approved SMTA to SY
If germplasm/variety is released using SMTA
material, SY includes this fact in the Official
Release Notice
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System for releasing plant materials Policy

• ARS scientists have a long and successful
  history of developing both finished varieties
  and enhanced germplasm and transferring them
  through public release.

The ARS policy is to public release these
materials without IP protection. However,
exceptions to this policy for certain ARS
developed or co-developed varieties may be made
on a case-by-case basis.
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Plant material release system is designed to
Facilitate the release process for plant
materials developed or co-developed by ARS.
Allow timely decisions on IP protection on a
case-by-case basis.
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Process
Use of a new electronic systems, which is a
subsystem, of ARIS for ALL plant releases whether
or not IP protection is requested.
A new committee to make decisions on seeking IP
for new plant varieties based on established
criteria.
Training for ARS breeders and management on the
new system.
Outreach to our customers and stakeholders.
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What plant materials can be officially released?

• Finished varieties
• Enhanced germplasm
• Genetic lines / stocks

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SY RL decide if plant is ready to be release
SY writes draft Release Notice in consultation
with NPL
Office support transfers data into ARIS
Answer 6 questions
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Question 1
Was this variety developed in cooperation with a
university experiment station or other
organization? What resources were contributed by
the cooperator (e.g. technicians, breeders, land,
facilities, services, test data, etc.)? List all
cooperator employees who were directly involved
in the breeding and selection of this material.
Do not forget to state if SMTA material was used
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Question 2
Enter the complete draft text of proposed release
notice.
Do not forget to state if SMTA material was used
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Question 3
Who is expected to use the released plant
material and how they will use it? What public
or private organizations have requested this
material for research, breeding or testing
purposes? Have you consulted with any commodity
groups?
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Question 4
List any publications and/or public use of this
plant material. Has the material been provided
to anyone outside of USDA for field-testing
purposes? Have seeds, cuttings, fruit or other
materials been sold by cooperators? If so, give
dates.
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Question 5
Explain how protection will facilitate
technology transfer that would otherwise not
occur if the variety is publicly released. Does
the variety have any special characteristics that
would make protection desirable (e.g., niche
market use, transgenic, incorporates proprietary
technology, incorporates third party IP).
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Question 6
Is there an international market for this
variety? If so, in what countries? Have you
sent the variety to anyone outside the U.S. for
testing or breeding? If so, provide countries and
dates.
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SY RL decide if plant is ready to be release
SY writes draft Release Notice in consultation
with NPL
Office support transfers data into ARIS
IP requested in ARIS ?
Yes
No
Plant Variety Intellectual Property
Committee (PVIP)
Hard copy of Release Notice sent to
Administrator for signature
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Plant Variety Intellectual Property Committee
(PVIP)
Meets quarterly
Co-chaired by Gail Wisler NPS / Martha Steinbock
OTT

• June Blalock (permanent)
• TTC
• Breeder
• RL
• Area Director or designee
• NPL
• Patent Advisor (if a patentable crop)
• Marketing Information

Member varies based on variety in question
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What are criteria for deciding if protection is
sought?
If co-owned, has the co-owner already expressed a
favorable opinion about seeking protection?
Do we (or our co-owner) have experience with
protecting and/or licensing this type of plant?
If so, has this helped facilitate technology
transfer?
Are there specific characteristics of this
variety that make protection desirable?
Have commercial seed companies or nurseries
expressed an interest in marketing and producing
the variety for sale?
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What are criteria for deciding if protection is
sought? (contd)
Who are the U.S. end users (stakeholders) of this
variety? Have they been consulted yet? If so,
do they favor protection?
Would seeking protection enhance the
competitiveness of U.S. growers in world markets
and/or help level the playing field
internationally?
Could seeking protection and licensing this
variety impact negatively the ability of our
breeders to access foreign germplasm?
In general, would seeking protection enhance
technology transfer for this variety?
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Committee Recommendations

• Defer for more information
• Recommend public release
• Recommend filing a Plant Patent
• or PVPC Application Licensing
• Recommend for PVPC public release by university
  partner
• Recommend for filing Plant Breeders Rights
  list countries of interest

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What are the ways in which plant material may be
protected?
Asexually propagated plants Plant Patent
(PP) http//www.uspto.gov/web/offices/pac/plant/
Sexually propagated plants Plant Variety
Protection (PVP) http//www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.do?templateTemplateCnavID
PlantVarietyProtectionOfficerightNav1PlantVariet
yProtectionOfficetopNavleftNavScienceandLabora
toriespagePlantVarietyProtectionOfficeresultTyp
eacctplntvarprtctn
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What information is needed for PP or PVP
application?
Complete botanical description leaves simple,
entire, symmetrical, lanceolate, apiculate tip
average 4.5 cm length, 2.4 cm width adaxial
surface black (RHS 202A) etc.
Distinctness/novelty of the claimed
plant Comparison with data to similar varieties

• Breeding history related to prior art
• Not obvious (PP)
• Not essentially derived (PVP)

OTT submits application
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Handbook for Plant Breeders
Available on Web http//www.ars.usda.gov/SP2UserF
iles/Place/00000000/OTTGeneral/ARSPlantBreedersHan
dbook.pdf
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Office of Technology Transfer is here to help
Your TTC Patent Advisor are a source of
information help. Call early call often.