We get a lot of questions about what it means for a plant to be a cultivar or a variety, and if that is good or bad in terms of pollinator attraction or ecological value. There are lots of strong opinions on the matter, but to really answer that question, it is important to know how that plant is produced, where and how it was discovered, and what the patent says about its parentage. It can be a tricky! Come along with us on our blog series where we plunge into the intrigues of plant reproduction and patenting, and the impact that the horticulture industry has on the market for native species.

Today’s question is: How is it possible to patent a plant, and why do people do it?

We most often discuss plant patents in reference to agricultural species. Selecting and improving crops for yield, drought resistance and improved taste has been instrumental in creating a stable global food economy. In fact, domestication of wild food plants has been happening for 10,000 years! But in modern times, horticulturalists are working to alter ornamental species as well. They do this to reduce the height, change the flower color, improve drought resistance, and so on. While our original goal in selecting and altering plants was for food, humans can now also use the same principles to improve certain flowering species for landscaping use in cities and neighborhoods.

Creating a “New” Plant

Echinacea is an easy example to start with, since horticulturists love to mess around with this plant! Echinacea species hybridize readily with each other, and they are a very marketable plant. This is why there are so many Echinacea varieties and hybrids to choose from, all with different colors, heights, and habits. But how do these come to exist?

Let’s follow the story of one line of Echinacea breeding, now known as Echinacea purpurea G0052Y. The patent link itself makes for a pretty long read, so I will do my best to paraphrase for the layperson:

• In 2001, ‘Magnus’ Echinacea and ‘Kim’s Knee High’ Echinacea were cross pollinated.
• Seed developed, and was collected.
• Researchers planted that seed in fields and in greenhouses in the spring of 2002.
• By July of 2002, eleven of the best plants were chosen as the best of the bunch. Pollen was collected from these eleven plants, mixed, and redistributed amongst the eleven to pollinate them.
• Seeds where harvested from each of the eleven plants, and planted into eleven different field populations.
• Researchers monitored the fields for desirable traits, and identified 22 plants with horticulturally important traits (brighter flower color, good branching, compact height).
• Pollen was collected from the 22 plants, mixed, and used to pollinate them again.
• Researchers harvested the seed that developed, and planted again in 2004.
• The plants with the most striking, deep rose flower color and best growth habit were identified, and tested for which of their traits are dominant (recessive color testing).
• Researchers identified four plants that had identical copies of the gene for brighter flower color.
• These four were crossed to create a stable line that could be named G0052Y.
• Between 2006 and 2008 the resulting seeds were planted in field trials to ensure stability and uniformity.
• Once confirmed, the patent was applied for – USP 7,982,110.

Patent Pending

The process of breeding and trialing plants requires a lot of time, and a lot of money. Researchers can spend many years testing and tinkering before they create a plant that is actually marketable. Receiving a patent protects their hard work and initial investment, and eventually allows them to charge royalties on the product. The breeding of E. purpurea G0052Y has directly led many of the popularly available Echinacea varieties available today, like the Sombrero series of red, orange, and yellow, as well as the Proven Winner’s Echinacea ‘Fire Finch’.

Pros and Cons of Patented Plants

Patented plants are all around us. They are hard to distinguish from other plants unless you read the fine print on the tag. But there are some pros and cons to using them in your garden.

Pro: breeding plants increases awareness and wider use of natives. Folks who would have never been exposed to these species are now seeing them in popular gardening magazines and at garden centers, leading to greater public access.

Pro: patented plants bred for reliable height and structure are excellent for landscapers trying to achieve a specific look. These plants grow more uniformly than genetically variable straight species, which can be bigger/smaller depending on parentage or environmental conditions. In a formal planting, business setting, or city park, aesthetic is king! The predictability of a plant’s performance is a must*.

Cons: in some cases, we inadvertently shorten the lifespan of highly specialized plants. This is particularly apparent in Echinacea. A native Echinacea can live on for many years, but some of the brightly colored red and orange hybrids sometimes last four years or less. If the plant blooms more prolifically and for a longer period of time, it can sort of “exhaust” itself and this may be a contributing factor to a shorter overall lifespan. This is certainly not the case for all patented plants, but is something to be aware of.

Cons: patented plants reproduced via asexual propagation are all clones. The lack of genetic variation may lead to issues in mass plantings – if they are susceptible to a certain pathogen, the gardener is likely to see the problem in the whole group.

*hopefully we will start to slowly change our perspective on what constitutes an “attractive” urban landscape to allow for more natural variation, and if so, the pressure for the plant to be ‘perfect’ and uniform will become a thing of the past!

Should I Buy Patented Plants?

For some folks, these pros are not convincing enough and for others these cons are no worry at all. It just depends on your overarching goals. If you are trying to create a prairie reconstruction and are concerned with genetic diversity, then steer clear! But when looking for bloom power and reliable performers for an urban setting, a well-bred plant might be perfect. In my vegetable garden, I stick with ‘Better Boy’ tomato and ‘Slicemaster’ cucumber, those patented plants ensured to perform well. I also opt for nativars when planting a species that is traditionally too unruly. With a small yard, I must choose plants that won’t outgrow my space. But in the case of most other flowers and grasses, I personally prefer to stick with straight species or older cultivars that are not far phenotypically from the species.

All that to say, don’t let the business of plant patenting scare you off. Do your research, and figure out what your priorities are for the garden. If you need advice on your particular project, be sure to reach out to us via our contact us form. Our plant people are happy to help!