Intellectual Property In Horticulture: A Guide To Plant Patents And Trademarks; Forbes, December 4, 2024

Tammy Sons, Forbes ; Intellectual Property In Horticulture: A Guide To Plant Patents And Trademarks

"The Role Of Patents In Horticulture

Patents play an important role in horticulture:

• Encouraging innovation: Creating new varieties of plants involves investing a lot in research. Plant patents encourage breeders to keep on creating different plant varieties.

• Market share protection: After breeders develop a particular variety of plant, they decide on its production and sale. No competitor has the right to propagate the variety for sale without special permission; hence, this privilege gives the breeder a competitive edge.

A way to gain income: Patents can enable breeders to license their varieties to other growers or nurseries. These licenses enable those breeders to make sales. Popular varieties' profits may come from the licensing agreement...

The Place Of Trademarks In The Horticulture Industry

Trademarks can give the following advantages to horticulture businesses:

• Brand differentiation: A good trademark will enable a firm to set itself apart from its competitors and build consumer loyalty. In horticulture, for instance, a nursery firm might have dozens of items similar to those of other nurseries; hence, recognition by trademark can make quite a difference in attracting and retaining customers.

• Legal protection: USPTO registration protects against infringement of any kind. If another company tries to sell using a similar brand name, logo or product name, a trademark holder can sue that company for creating confusion in the market."

Minnesota winery owner helps breeders patent their unique plants and potables; In Forum, 9/10/16

Vicki Gerdes, In Forum; Minnesota winery owner helps breeders patent their unique plants and potables:

"[Penny] Aguirre became a student at the fledgling Plant Molecular Genetics Institute, working under Professor Alan Smith, and eventually earned her master's degree in horticulture...

That passion for plants brought her to Santa Barbara, Calif., where she took a job as general manager at PlantHaven, a small, independent agency that worked to introduce new plant cultivars into the North American market—plants developed by breeders from all over the world.

"Part of that job was writing plant patents," Aguirre says.

Eventually, she became knowledgeable enough about that part of the job that she decided to take the patent bar exam and become a registered U.S. patent agent. "It's the same bar exam that legal students take to become patent attorneys," Aguirre said. "If you have a bachelor's degree in one of the sciences, take the exam and pass, at that point you are a registered patent agent."

Though most patent agents specialize in design or utility patents, Aguirre made the relatively unusual choice of specializing exclusively in patenting plants...

Plant patenting mostly involves writing a lot of very detailed descriptions—"every leaf, every stem, every stamen, every pistil," she said, noting that there are often very minute differences between plant varieties...

For more information about Aguirre's plant patenting business, please visit www.biologicalpatentservices.com."