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Cultivar and Germplasm Releases

NC State University

Plant breeders at NC State have released many cultivars and breeding lines for use by the public. The releases are from an array of different crop species of importance to growers in North Carolina and other regions of the U.S. and the world. See:

Cultivar and germplasm releases from North Carolina State University

For new releases, the breeder's release board recommends cultivars and breeding lines for release to the administration of the College of Agriculture and Life Sciences using the procedures described below.

Germplasm Release Procedure (by the Breeder's Release Board)

Plant Patent Procedure (by Daryl Bowman)

  1. Go to http://www.uspto.gov/web/forms/sb0019.pdf  Print this transmittal form. It is a checklist of forms needed for the application.
  2. In the upper right hand corner of this form you will need to list the ‘First Named Inventor’ and their title. There is a place for ‘Express Mail Label No.’ If you wish for the clock to start sooner then you may go to the post office and use express mail. The clock (filing date) will start with the date on the express mail package not when it arrives. You will need to write the express mail label number in the space provided.
  3. Box number 2 small entity status. NCSU claims small entity since it is a non-profit organization. Use it. It saves us/you money. However, if you license to a large entity then all fees thereafter must be paid at the large entity rate. They define large entity as more than 500 employees.
  4. Box number 3 specification. This is where you do most of your paperwork. Be sure to include all parts listed here. You will need to write in the number of pages.
  5. Box 4 color drawings or pictures. You need two sets of either. List the total number of sheets included.
  6. Box 5 declaration. For most of you this will be an original so check ‘a’. Go to http://www.uspto.gov/web/forms/sb0003.pdf This is a two page form and fairly simple to fill out. Fill in the number of pages in the space provided. Each person who is named on the application must sign this form. You will need to make extra copies of page 2 of this form for more than one inventor.
  7. If you use an attorney (which I do not suggest or I may make you pay the attorney fees up front) then you will need to check box 8 and download the appropriate form.
  8. Go to box 12 return receipt postcard. You will need to go to the post office and purchase and postcard. Put your return address on it and on the back list all the documents you are including in this package. The USPTO will check off the documents they actually received and mail the postcard back to you.
  9. If you wish to not publish your invention for whatever reason then check box 14. You will need to go to www.uspto.gov/web/forms for the correct form. If you do this and then change your mind, you should notify USPTO. However, if you don’t do this up front and then decide later that you do not want USPTO to publish this, then you are out of luck.
  10. Fill in the bottom portion of this transmittal form and sign. The person submitting the paperwork is the one to sign this form; it does not need to be the first named inventor.
  11. The last form to fill out is the fee transmittal form. Go to ftp://ftp.uspto.gov/pub/forms/sb0017.pdf. NC Foundation Seed Producers will write the check and forward the package to the USPTO. The check is made out to  ‘Director USPTO’.
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Box 7601North Carolina State UniversityRaleigh, NC 27695-7601(919) 515-2641
Page citation: Wehner, T.C., NCSU Plant Breeding;
Created by T.C. Wehne
r, 29 November 2000 ; design by C.T. Glenn;
send questions to T.C. Wehner; last revised on 6 January, 2010