“Legal Issues on Patent Law relating to Misidentification of Plants and Resolution by using of Database System “
Posted on : November 22nd, 2008
Last updated : October 8th, 2019
Author : hayabusa
||November 22, 2008
||[Abstracts] In general, a plant can be identified by the name of the plant. However, there may be some cases that a same plant was misidentified as some different species and named by different names. In such cases, duplication of patents can be taken place. On the other hand, there may be some cases that some different species were thought to be a same species formerly, but currently the plants should be identified as different species based on DNA analysis. In such cases, legal validity of a patent which was issued for a single named plant may be in doubt. To avoid such misidentification and conflicts of patents as mentioned above, an effective way is construction and using of a database system in which one can retrieve the identification of specific plant by plant DNA data as a key.