Company forms to provide plant patents

TSam McCoyhe 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.” 

As a breeder agent for nearly a decade, McCoy has helped a variety of independent breeders, breeding companies and nurseries bring their new introductions to market so he knows the challenges of the patent process all too well. “It’s a gray area for most breeders and companies,” he 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 straightforward solution that lets breeders focus on breeding without worrying about the pitfalls of the patent process.”

Under federal law, the US 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. McCoy, a patent agent, provides all of the services necessary to obtain a US Plant Patent, which includes preparing the application and representing the breeder before the US Patent Office. 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 McCoy. “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.” 

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. McCoy 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.”

Perennial Patent Company is owned and operated by Sam McCoy, a plant breeder agent and Registered Patent Agent with the United States Patent and Trademark Office.