Plant Varieties

From climate change and conflict to global population growth, the world is facing new challenges in terms of food security. The growing need for the development of new varieties of crops and other plants to meet those challenges, as well as simple demand for customer choice within commercial markets, is being met by plant breeders the world over. Those same plant breeders want to be sure that their rights in respect of the fruits of their labour are protected from infringement.

At WP Thompson, our Life Sciences team has years of experience in acquiring protection for plant breeders' intellectual property. Whilst more generalised methods and modifications, including transgenic species, may be eligible for patent protection, over the years many of our clients have developed specific plant varieties, which instead require an alternative form of protection.

Individual plant varieties which are distinct, uniform and stable (DUS), are not eligible for patent protection. Therefore, our clients who develop these varieties rely upon our expertise in acquiring for them the protection afforded by Plant Breeder's Rights in the UK and Community Plant Variety Rights in the EU, as well as equivalent rights in other regions.

As any plant breeder will be aware, the rigorous testing conducted by the UK's Animal and Plant Health Agency can last several years to ensure plant varieties meet the DUS criteria, as can the testing conducted by equivalent bodies in other jurisdictions. Throughout this process, we provide an open and collaborative service that ensures our clients enjoy the widest-reaching and most cost-effective protection necessary for their specific needs.

We have experience in acquiring plant breeder's rights in jurisdictions stretching from the UK to Australia. Our clients can be assured that the plant varieties in which they have invested time, resources and effort to develop, are protected and that their exclusive right to breed those varieties are in place and enforceable, both at home and abroad.

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Patents

If you've had an idea and want to turn it into a commercial asset by patenting it, our team of UK and European patent attorneys are here to help you, whatever the technology. Patents provide protection for technical innovation in products, processes, materials and machinery. They can also protect software-related developments. Investment in research, development and marketing should all be protected and patents can prove particularly useful for this purpose. Although they are commonly referred to as an intangible asset, patents can generate revenue streams for their owners and can be sold or mortgaged much like any tangible asset. For instance, protecting new concepts via patent may prevent competitors from entering a particular technical space, thereby potentially giving the patent owner an edge over its competitors.

At WP Thompson, we know the value of securing a patent and how important they are as business assets. This is why our advice to clients always takes into consideration the potential financial value of your invention and underpins our approach to the scope of protection our clients require.

Licensing patents you own for use by third parties is another method to generate revenue streams which some clients employ. This is known as out-licensing. However, innovators can also turn the IP of others into commercial products by licensing third-party patents - known as in-licensing. Additionally, patent owners should consider enforcement of existing patent rights as a potential revenue stream.

Your patent portfolio - even those which are yet to reach a commercial stage - is valuable and as such, you should take steps to police it to protect your assets from possible infringement. Our skilled and experienced Patent Attorneys can offer all the help and advice you need to keep the value of your ideas safe. Our team of Attorneys offer our clients a comprehensive range of patent services across all technical disciplines, including chemistry, chemical engineering, electronics, software, fintech, AI, mechanical engineering, medicinal chemistry, medical devices, physics, pharma and biotech.

In addition to the drafting, filing and prosecuting of patent applications, we offer advice and assistance in the strategic assessment of patent portfolios, due diligence investigations, and the provision of patent audits. Our attorneys have broad experience in litigation and contentious issues involving questions of validity, infringement and ownership in particular. We also provide input in relation to commercial negotiations, particularly those involving licences and assignments. Whatever your sector or invention, we have a dedicated team who can provide help, advice and expertise to safeguard your ideas and ensure you can exploit their commercial value to the fullest.

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IP Strategy

The nature, geographical extent and timing of IP protection varies depending on the nature of a client's business, budget and commercial priorities.

We understand that not all clients are the same and we form a close relationship with you in order to understand your technical and business needs before providing strategic advice on the form and extent of IP protection to pursue.

We maintain a longstanding involvement in our client's IP from inception, to completion of protection and conduct regular reviews to ensure that no gaps exist.

Our strategic advice also extends to enforcement and licensing strategies to ensure that clients maximise the leverage and return sought from investments and resulting IP.

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IP Commercialisation

Our Team will help you identify and monetise your IP through sale and licensing.

Our Patent and Trade Mark Attorneys can value your patents, brands and designs, and provide commercially driven advice on their sale to third parties. We are also skilled in preparing the relevant documentation and ensuring that the transfer goes smoothly.

If you wish to retain the rights to your brand and create revenue streams through licensing, then our Patent and Trade Mark Attorneys can advise on the form your licence agreements should take, bearing in mind the manner in which the third parties should use your brand and the royalties due to you.

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Design

Design registration allows for the protection of the appearance of your products, your logos and even the surface decoration which is applied to your product range. Before you disclose your design, you should seek advice from our Attorneys on what is, and is not protectable.

Our Patent and Trade Mark Attorneys can advise on the importance of building design protection into your IP strategy and are able to offer the following services:

Advice on whether your design meets the requirements for design protection;
Registration of designs worldwide;
Enforcement via invalidity applications and infringement actions;
The role of unregistered design rights when design registration is not available.

If you need help and advice with design registration, contact one of our Attorneys today to see how we can offer our expertise to your intellectual property safeguarding strategy.

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Litigation

Once your IP is protected, it is essential that any third party use without your consent is identified and addressed. While there are many routes to resolution of IP disputes, litigation is an option that must be taken in certain circumstances.

Our Patent and Trade Mark Attorney teams have a wealth of experience in High Court and Intellectual Property Enterprise Court litigation and act on behalf of our clients to ensure their rights are protected.

Our attorneys have Litigator Certificates which expand the options available to clients when the potential for litigation arises. We also have strong ties with IP litigators in territories worldwide, should infringement of your IP occur outside of the UK, so you can rest assured that with WP Thompson, your intellectual property interests are covered.

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Stuart Forrest

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