What is the novelty of a new plant variety?
The new plant variety protection system was influenced by various aspects of the patent system but has its own distinct features. Unlike inventions, the novelty of a new plant variety can only be jeopardized if it is commercially sold. This is because new plant varieties possess unique characteristics. Merely having access to a written document describing a new plant variety is insufficient for someone to replicate it. Obtaining the seeds from the market is necessary to breed a new variety.