Yes if the breeders:

- Acts did privately and for non-commercial purposes.
- Acts did for experimental
- Acts are done for the purpose of breeding other varieties and for the purpose of exploiting these new varieties provided the new variety is not a variety essentially derived from another protected variety (the initial variety).

Yes after protection, as one of the Conditions of protection variety is a commercial novelty.

In some jurisdictions, the subject matter of protection covered by a patent and by a plant breeder’s right might be the same, namely a plant variety. In several jurisdictions, the subject matter of protection is different, and, in general, plant varieties are excluded from patentability. As far as the UPOV Convention is concerned, a member is free to protect plant varieties, in addition to the grant of a breeder’s right, by the grant of other titles, particularly patents. This policy matter is left to the sovereign decision of each member.