Agricultural Marketing Service
   
 
 
Answers to Frequently Asked Questions 7-9  
7. What do you do with the seeds? Where are they kept?

 
Answer: A small sample (less than 25 seeds) may be kept by the examiner to assist in the examination process. This sample is destroyed once examination is complete and the sample is no longer needed. The main part of the sample is sent to the National Center for Genetic Resources Preservation in Ft. Collins, Colorado.

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8. Can others get samples of them?

 
Answer: While the application is being processed and continuing through the term of protection (20-25 years), only the PVPO has access to the seed sample. We would only need access when a question arises about the validity or accuracy of the variety description. If the application is ineligible or denied, or if it is abandoned or withdrawn by the applicant, then the seed sample is destroyed or returned to the applicant and again is not available to others. When an issued certificate expires (for any reason), then the seed sample is transferred to NCGRP's general collection and can be requested by others.

9. Doesn't the research exemption indicate that I can get seeds of PVP protected varieties?

 
Answer: No. The research exemption says that IF you have access to seeds and use the seeds for research or to breed a new variety, you are exempt from infringement charges. This does not mean that the seeds must be made available to you. It is up to the owner of the seeds to make seeds available or not. The PVPO voucher specimen is not meant to be used to circumvent the owner's decisions.

 
Additional Information
 
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  Last Modified Date: 08/09/2006