Patent protection over asexually reproduced plant varieties has existed in the U.S. since 1930, but there are relatively few court decisions clarifying these IP rights. A 2025 decision regarding strawberry plant varieties has defined some parameters for proving plant patent infringement.

Panitch Schwarze attorney Travis W. Bliss, Ph.D. and patent agent Stephany G. Small, Ph.D. authored an article in Law360 exploring the implications of this case for plant breeders seeking to protect their intellectual property. The suit centered on Driscoll’s claims that California Berry Cultivars had infringed on its plant IP rights by using Driscoll’s patented strawberry varieties in a crossbreed to produce fruit. The court dismissed these claims on two bases. The plants were allegedly bred in Spain, where U.S. patent rights cannot be enforced. Secondly, it was not proven that Driscoll’s strawberry varieties served as the maternal parent for the seeds that were imported into the U.S. The parent that produced the fruit containing the seeds can be a key deciding factor in plant patent cases.

Bliss and Small emphasize that plant breeders should take these limitations into consideration when enforcing plant patents. They also highlight other methods, such as plant variety protection certificates and utility patents, which may be effective depending on the plant IP breeders are seeking to protect. Staying on top of recent developments in this space is essential to developing an effective IP strategy.

Read the full article here: Berry Ruling Shows Why Plant IP Suits Can Be Thorny (Subscription is required.)