Breeders Have Another Option for Plant Patent Services

Jennifer Zurko

The perpetual trend toward branded and proprietary plants has brought with it a growing need for plant patent services. Experiencing this need firsthand, one breeder agent set out to create a full-service patent agency to offer a simple and affordable option for patent protection.

“Our model is simple,” says Perennial Patent Company founder, Sam McCoy. “A breeder can send us their new plant and we do the rest.”

Rather than a breeder hiring multiple companies to prepare and prosecute a patent application, Perennial Patent Co. streamlines the process by performing all of the necessary horticultural and legal services in-house. This results in significant cost savings and reduces the chance of error caused by miscommunication between various service providers. Sam notes that there are other qualified individuals offering similar services to the industry, “but we think our work in new plant introduction as a breeder agency gives us unique insight that proves advantageous for anyone looking for a cost-effective option for patents.” 

As a breeder agent for nearly a decade, Sam has helped a variety of independent breeders, breeding companies and nurseries bring their new introductions to market, so he’s familiar with the challenges of the patent process.

“It’s a gray area for most breeders and companies,” Sam explains. “And it is completely possible that making even one wrong decision can cost you thousands of dollars and, in severe cases, might even cost you your patent. We provide a straight-forward solution that lets breeders focus on breeding without worrying about the pitfalls of the patent process.”

Under federal law, the U.S. Patent Office allows two types of individuals to represent plant breeders—patent attorneys and patent agents. Both must meet certain scientific and ethical requirements and both must pass the United States Patent Bar exam. Sam, a patent agent, provides all of the services necessary to obtain a U.S. Plant Patent, which includes preparing the application and representing the breeder before the U.S. Patent Office. Plus, he also provides plant morphology data collection and plant description drafting for breeders that lack the time, knowledge or resources to do so themselves.

“This was a natural progression for us,” says Sam. “We know the new plant industry, we know plant science and we know the patent process. It made perfect sense to combine all of these services to create a one-stop shop for plant patents.” 

To learn about the patent process and more about Perennial Patent Company, visit www.perennialpatents.com. GT