New cultivars debuted at California Spring Trials 2013.
Have you developed a new plant that you would like to
bring to market? In order to share your novel plant with the world, there are
many steps and costs to consider. From protecting your intellectual property to
finding the right distribution channels, start the process by gathering
information.
First, know that your
plant is ready to go to market. Plant breeders should know everything there is
to know about their new plant cultivar: its habit, form, disease
susceptibility, production time, water requirements, bloom cycle and need for
vernalization. In other words, you should be able to tell any grower how they
could produce your plant and how it fairs when grown in a variety of
environmental conditions – especially outside in a garden.
With respect to
breeding, is the plant stable or will it revert or mutate within a few
generations? If it is not stable, the plant will not be able to be propagated
on a massive scale and ensure uniformity. Also, take a look at the comparable
plants already in the marketplace and be able to articulate your plant's
superior traits. Prevent announcing your new plant variety before it is widely
available to growers and propagators.
Second, keep your
novel new plant a secret. One of the biggest mistakes a plant breeder can make
is posting photos of the new plant on social media or elsewhere on the
Internet, especially with a name. Once it has been publicized, it can hurt your
ability to apply for a plant patent or protect your intellectual property in
other ways. Similarly, do not distribute propagules or seed from your plant,
enter it into a show or trial, or document it with a local plant society. Doing
so can be regarded as an "offer for sale' of your product, which may also
prevent you from protecting your plant and receiving royalties.
As you may be
detecting, so much of the process of bringing a new plant to market revolves
around protecting your intellectual property. Patents,
trademarks, royalties: what does it all mean? Protecting your product (i.e., your
novel plant variety) will ensure that you get compensated for your research and
development, which likely has a pretty hefty price tag.
If you are new to this
process, consider seeking a more experienced partner. A partner can help you
navigate this process and may even cover the cost of the patent, but make sure
to check out a potential partner's track record first. You will want to ask them
about their distribution channels, their marketing history, and their ability
to trial your plant and enforce patents. Be sure to sign a trailing license
agreement with your partner and never send them propagules of your plant until
you have a signed legal agreement.
If you do not want to
partner with anyone, consider hiring a plant patent agent who knows the
ins-and-outs of applying for plant or utility patents, licensing your plant,
and applying for trademarks. Patent lawyers will also be able to help you, but
they are considerably more expensive and often do not specialize in plant
patents. Do not hire a family lawyer who does not work in this sector
frequently as they may be likely to miss something, which may impact your
bottom line.