New plant varieties are deliberately excluded from the list of inventions which can be protected by a patent for invention. Plants are protected by a distinct ad hoc protection instrument, that is, the legislation for a new plant variety. Access to this protection is for plants of any species, including hybrids.

The most widely used procedure in Europe to obtain protection is the EC Regulation for the protection of new plant varieties which offers homogeneous protection throughout the EU, although national provisions are also available.
Jacobacci has supplied technical assistance in some of the most famous cases on plant varieties, heard in Italy and in other EU countries where Jacobacci has offices. Thanks to this network, Jacobacci can offer the best protection for each specific case.