Countries can consider providing protection for plant varieties by patents.
UPOV 1991 also allows for protection by patents. This will be a product patent. So countries that are considering this as one of the options, need more time to set up their infrastructure, change of laws, etc. The transitional arrangements recognise this and provide for a further 5 years. Article 65.4 says that to the extent a developing country is obliged by this agreement to extend product patent protection to areas of technology not so protectable on its territory on the general date of application of this agreement, as defined in Art.