OSU-OARDC Plant Germplasm Release Guidelines and Practices

Special Circular 178-01

Appendix 3: OSU Plant Variety Protection Disclosure Form.

Plant Variety Disclosure Form

1. Proposed Variety Name and Number _____________________________________
2. Genus and Species Name ______________________________________________
3. Kind Name _________________________________________________________
4. Project Leader Name/position/department number/phone.

   ___________________________________________________________________

5. Royalty Distribution (Include OSU Personnel and Percentages):
   1. _____________________________________________________________
   2. _____________________________________________________________
   3. _____________________________________________________________
   4. _____________________________________________________________
6. Date of Determination _________________________________________________
7. Application for PVP Certificate Attached? Yes ____ No ______
8. Potential Licensees of This Variety ________________________________________
9. Submitted By _________________________ Date ______________________

FORWARD TO: Office for Technology Licensing, Research Foundation Building, 1960 Kenny Road, CAMPUS (292-2550) with a copy to Department Chairperson or Unit Head

DATE RECEIVED_______________________ ACKNOWLEDGEMENT____________________

Guidelines for PVP Disclosure Form

The Plant Variety Protection Act provides patent-like protection for sexually (i.e., seed) reproduced plants, other than fungi or bacteria, and to tuber reproduced crops. The variety must be distinct from all other varieties, uniform, and stable as defined in Section 41a of the Plant Variety Protection Act. If the variety has been sold or used in the United States for more than one year or in a foreign country for longer than four years, the variety is ineligible for protection. (Use of the variety to produce and market a first-generation hybrid is considered use of the variety). In addition to the OSU PVP Disclosure Form, a complete Plant Variety Protection Application form must be submitted to USDA's Plant Variety Protection Office.

1. Please give the proposed name and number of the variety.
2. Genus and species of variety is self-explanatory.
3. The term "kind" means one or more related species, or subspecies, singly or collectively known by one common name, such as soybean, wheat, flax, etc.
4. The term "project leader" means the OSU employee designated as the first listed investigator on the CSREES project of the program from which the variety is derived at the time of release.
5. If the project leader designated in D wishes to distribute the royalties received from sales of this variety amongst a group of participants based on their contribution to the final product, the individuals and their percent sharing should be designated here. If this section is left blank, royalties will only be distributed to the project leader listed in D.
6. The date that the project leader determined that he/she had a new variety based on: (1) the definition of new variety as defined in the PVP Act, (2) the date a decision was made to increase the seed, and (3) the date that the Crop Variety Release Committee (or project leader) votes to release a variety.
7. If a PVP Application has been filled out, please attach to this form. If one has not yet been filled out, please note when an Application will be filed.
8. What companies are likely to license this variety?
9. Please sign and date.