Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 22, Issue 11
Share on Social
April Showers Bring May Plant Patents
By Melissa M. Chapman
The spring season brings us flower beds full of fresh blooms the likes of tulips and daffodils. In the coming weeks and months, we will see even more flowers come to life and vegetable and fruit plants will begin producing crops. While admiring a flourishing garden, you may have wondered if a plant can be patented. The surprising answer is yes!
The United States Patent and Trademark Office began granting plant patents in the 1930s. A plant patent may be granted to an inventor who created a new variety of plant through asexual reproduction. Asexual reproduction means that the plant is reproduced by means other than through seeds. If granted, a plant patent provides protection for twenty years from the date of filing a patent application, providing the right to exclude others from asexually reproducing the plant, selling or using the plant, and importing the plant into the United States.
The first plant patent was for a rose variety, granted on August 18, 1931. Characterized for its champagne-colored blooms, and climbing and everblooming habit, the “New Dawn Rose” continues to be extremely popular. Though this particular patent has since expired, rose varieties continue to be one of the largest categories of plant patents. In fact, nearly half of all plant patents granted between 1931 and 1970 were for roses, and they continue to make up a large percentage of the granted plant patents today.
One of the most popular plants having a patent is the Hass Avocado. Patented in 1935 by Rudolph Hass, the Hass Avocado was one of the first fruits for which a plant patent was granted. Made from a gardening mistake and descending from a single tree in Rudolph Hass’ front yard, the Hass Avocado is known for its dark green and bumpy skin. It has become the most popular variety of avocado in the U.S. due to its long shelf life and high oil content, accounting for nearly 95% of the domestic avocado market.
In 2016, the patent office granted its first plant patent to a cannabis plant named Ecuadorian Sativa. Since then, only a small number of cannabis plants have been patented. However, with the increased focus on the legalization of cannabis, it should come as no surprise that the number of applications filed for cannabis plant patents continues to grow.
The next time you admire a garden or visit a nursery, you may wonder if the plants you have your eyes on have been granted patents from the United States Patent and Trademark Office.
Published May 27, 2022
Pleading and Proving a Trade Secret Case
Related Content from Fishman Stewart
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®