The exclusion of new plant species from the Patent Law in Uruguay is regarded as a subject of amendment since such protection is possible under the UPOV, a 1994 legislation, and Law No. 16811 (Passed in 1997), which created the National Institute of Seeds (INASE). The latter Law provides protection for a new plant species unless it is sold or commercialized with the creator’s consent.
It also requires that a plant species should be homogeneous, stable in its essential characteristics and clearly differentiable from any cultivar of common knowledge at the time of filing the application
for protection. The plant species should also have a name that is suitable for registration.
FOX, FOX AND LAPENNE