Common Misconceptions About Patenting
Misconception #1 - I’ll make millions!
The truth is less glamorous in most cases, but a plant breeder can build a breeding program that pays for greenhouse heating, travel to find new plants or a retirement income. Making millions may be unlikely, but making a living isn’t difficult if you know what to work on and where to market it. Many wonderful plants simply don’t have a major market and therefore generate smaller royalty streams. A very basic example is a $0.04 royalty per plant sold, if 100,000 are sold in one year it generates a royalty stream of $4,000. Enough to pay a small greenhouse’s heating costs for a year, but not enough to purchase a small island in the Caribbean. Another consideration is that each new plant has a life span on the market of between 3-5 years, longer for major breakthroughs. After that 3-5 years sales usually drop as competitors appear and consumer demand shifts, so realize even great plants may rise and fall in sales.
Misconception #2 – The first check comes when I give my plant out for trialing
Again an unlikely occurrence; there is more involved in trialing, disease screening, producing and selling your hybrid than giving a check in exchange for a plant. In most cases your plant will have to pass through a variety of tests and stages of development before you receive any money at all, plan on it taking at least three years. How long it takes depends on who you work with, the condition of your plant’s health and the ability for the plant to be produced reliably. You want to work with professionals like Proven Winners to make sure you have every benefit you can get.
Misconception #3 – Everyone out there is a crook
Not everyone, but there are people who will take your plants without giving you anything back. Be extra careful when people tell you they can take your plant right away and make you lots of money in one year. Getting rich quick is rarely the name of the game; make sure you are protected with trialing agreements before giving any patentable plant away.
Misconception #4 – Just because you think it is cool...
Successful plant breeding is a competitive venture, it takes more than just a plant that appeals to you. So knowing what the competition is and how to position your plant for success is critical. Proven Winners can help you identify where your plant may or may not fit in the market. Not all plants are created equal, that’s why high quality producer’s like Proven Winners require trialing and study before a plant is released.
Misconception #5 – My plants aren’t good enough to be on the market
Sometimes the plant breeder is the last to know what the market and consumers are looking for. Plant Breeders tend to be perfectionists, and protective parents of their green offspring; and as such often wait too long to introduce new plants. Sometimes you need an unbiased opinion on whether what you have is worth marketing; again talking with market experts like Proven Winners can clear up a lot of questions. A great easy way to find out is to send a digital image of your plant to Proven Winners New Products division. It’s free and simple.
Misconception #6 – If I can’t patent my plant it is worthless
While patenting a new plant generates the most money back to the breeder, there are many cases where a patent is no longer an option. There is still hope for the breeder in these cases. A non-patented plant can still be sold and can have a royalty attached, but cannot be protected from propagation by anyone. So these plants tend to have a shorter period where they generate any royalties. Unpatented plants comprise a large portion of our market, however the breeder does not receive any recognition for their work and there is no control of quality or disease problems. In essence an un-patented plant quickly becomes a "generic" plant generating money only for the seller. In cases where a plant cannot be patented a trademarked name can offer some protection. If there is gardener and/or industry recognition of a trademarked name it can protect sales of the plant from "me too" knockoffs.
If you have questions about any misconceptions listed here, please contact Proven Winners to get answers.