Seeds of Doubt: PTAB Rejects Plant Patent Challenge, Citing Genetic Uncertainty
Patent – Patently-O 2024-10-21
Summary:
by Dennis Crouch
In a recent post-grant review decision, the PTAB sided with the patentee and denied institution of a PGR challenge to U.S. Patent No. 11,696,545 (“the ‘545 patent”), which claims an inbred maize variety designated PH4CYJ. Inari Agriculture, Inc. v. Pioneer Hi-Bred International, Inc., PGR2024-00023, Paper 15 (P.T.A.B. Oct. 15, 2024). The case is interesting for several reasons — most notably because it upholds a utility patent covering a plant line developed through simple cross breeding. In my post, I point to two deficiencies in the Board’s decision (1) its lack of reasoning for a determinative claim construction; and (2) its conclusion that a parent-line of maize used in the cross breeding was not prior art because it was not publicly available at the time.
- Read the Decision: PGR2024-00023 DI – Final
Background: Pioneer’s utility patent claims a “seed, plant, plant part, or plant cell of inbred maize variety PH4CYJ, representative seed of the variety having been deposited under NCMA accession number 202212062.” The patent discloses that PH4CYJ was developed by what appears to be simple crossing of two parental inbred lines, followed by several generations of selection and self-pollination.