Understanding Intellectual Property in Plant Science: New Insights from Professor Kershen
The University of Oklahoma College of Law proudly highlights the recent publication of Professor Emeritus Drew L. Kershen, co-authored with Allan Wenck, titled “Basic intellectual property for scientists: what is it, what to look for, and how to avoid pitfalls,” published in New Phytologist (2025).
This timely and accessible Viewpoint article offers a foundational guide to intellectual property (IP) for plant scientists—many of whom may have limited familiarity with patents, freedom to operate (FTO), or plant variety protections. With real-world examples and legal context, Kershen and Wenck walk readers through the key considerations that researchers should keep in mind when conducting plant science research with commercial or innovative potential.
Making IP Understandable for Scientists
The authors begin by debunking common misconceptions—like the idea that owning a patent automatically grants freedom to use the invention. Instead, they emphasize the importance of understanding overlapping patents and licensing requirements, particularly for technologies built upon prior work. This section is especially relevant in light of cases such as Golden Rice, which demonstrated the complexity of FTO in plant biotechnology.
The article also outlines the differences between plant patents, utility patents, and plant variety protection, showing how researchers can strategically select the most appropriate path based on the nature of their innovation and institutional goals.
A U.S.-Focused, Global-Relevant Perspective
While the article focuses on United States patent rules, it touches on global frameworks like the Patent Cooperation Treaty (PCT) and the UPOV Convention, helping researchers understand both domestic and international strategies for protecting and commercializing innovations. The discussion of disclosure, novelty, and non-obviousness under U.S. law offers key insight into how timing and transparency affect a scientist’s ability to secure patent protection.
Bridging Law and Science
Professor Kershen, long recognized for his work in agricultural biotechnology law, brings a nuanced legal perspective to this science-forward piece. The article also serves as an important reminder of the value of interdisciplinary dialogue between plant researchers, legal scholars, and technology transfer offices—especially in universities where public research can fuel commercial innovation.
From explaining the patent examination process to demystifying patent claims and strategies, this piece is essential reading for any researcher exploring the intersection of science and innovation policy.
Read the Full Article
The article is open access and available here: https://doi.org/10.1111/nph.70147.