Growing apples can be costly. The best varieties are grown from grafts connected to dwarf rootstock, and farmers often pay quite a bit for the newest and most popular apple varieties. They may need to replace orchards every few years to optimize productivity. Those selling popular apple saplings can turn their prior investments into profits.
The process of breeding new apples is also lengthy and expensive. Apples are heterozygous, meaning that each seed within an apple can produce a completely different type of fruit. Those invested in apple breeding programs or who hunt for heirloom apple varieties grown years ago may hope to protect the species of apples they discover or breed with a patent.
Does the United States Patent and Trademark Office (USPTO) allow for the protection of apples and similar plants?
Yes, some plans are eligible for patents
Some people mistakenly assert that people cannot patent plants because they grow naturally. However, the USPTO has clear policies about plant patents.
Especially in cases where varieties reproduce asexually or through grafting, patents are potentially an option. For example, the perennially-popular Honeycrisp apple was the subject of a patent that expired in 2008. Provided that the same variety is not already protected by a patent, growers and those seeking out vintage apple types could be able to patent what they cultivate or discover.
The process of reviewing existing plant patents and prosecuting a new one is incredibly complex. Those who believe they have a new apple variety worth patenting may benefit from contacting the team at Saile Ackerman LLC to evaluate their position, research similar patents and assist with the patent prosecution process.
