Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 24, Issue 26
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Gourd-geous Patents: Seasonal Insights into Innovation and Creativity
By Cecily Anne O’Regan
As the weather cools and we approach Thanksgiving, many of us look forward to quality time with family and friends. Our gatherings at this time of year often feature pumpkin decorations and pumpkin culinary creations. But gourds are more than just pretty carved faces or foundations for tasty dishes. Pumpkin related patents can provide insights into agricultural innovation, food technology, and decorative products.
According to U.S. Patent and Trademark Office (“USPTO”) patent records, the earliest pumpkin related U.S. patent issued in 1903 for a machine used to divide pumpkins (US0740119 A). From there, the US Patent Office has issued over 100 patents to protect a variety of pumpkin related technology. Patents have issued for everything from tools to processing machines, food products, lights, toys, decorations, and plant hybrids, to name a few.
For instance, if you wanted to bring back the pumpkin pickle for your Thanksgiving meal, you need go no further than to check out US3650772 issued in 1972. The flavor profile of this culinary delight includes cinnamon, cloves, allspice, mustard seed, nutmeg, and ginger root.
The most recent pumpkin related US patent, US12102051 B2, issued October 1, 2024, for a Hybrid plant named popcorn—it’s not clear if the pumpkin tastes like popcorn or popcorn is just the whimsical name for this varietal based on its cream-colored fruit.
Whimsy aside, pumpkin related patents are a good reminder that patents can be secured for a wide variety of products—potentially even for aspects of products you might not have thought were patentable.
A key strategy is to consider the features that are likely to cause a purchaser to make a purchasing decision and then evaluate the type of patents that might be available. As always, it is important to make the decision about whether to pursue patents before making a public disclosure or offering a product for sale (which could destroy patent rights). The decision to file for a patent needs to make business sense when the cost benefit is evaluated. For example, will a patent provide a competitive advantage in the marketplace? Does the market size or manufacturing capability in other countries lean towards obtaining patent coverage outside the U.S.? If so, where?
As you get ready to celebrate the holiday, remember even the humble pumpkin provides a gourd-geous example of patent strategy.
Cecily Anne O’Regan, a partner at Fishman Stewart based, is based in Silicon Valley and Boston with thirty years of experience working with entrepreneurs and start-up companies to develop patent portfolios that provide a sustainable competitive advantage. During her career she has worked on everything from surfboards to semiconductors. In addition to working as a patent attorney she also mentors young practitioners and has both taught in and guest lectured for several business schools. Her full bio is here.
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