Evolving intellectual property protection for new corn varieties in the United States: An empirical analysis

Abstract

The US affirmed patent protection for genetically modified plant traits in 1985, asserting that firms could patent new hybrid plant varieties when formerly plant variety protection was the primary means to protect hybrid varieties. This paper examines how firms' intellectual property choices have changed for new corn varieties created during the years 1985–2012. The data suggests that firms increasingly rely on patent protection as their only form of intellectual property protection for new varieties. For varieties with patent protection, low‐valued varieties, as determined by low patent renewal rates, receive less net benefit from obtaining plant variety protection compared to high‐valued varieties.