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Sutapa Chattopadhyay's avatar

I think this applies to many other plants - those used for medicinal purposes as well. 7% of all plant species have been used for medicinal purposes. Poppy, Willow Bark (Salycyclin). But most arent patent protected if they grow in the wild, however, some still are.

Under the Plant Patent Act, a breeder can patent a new and distinct variety of a plant if they can reproduce it asexually (e.g., through cuttings):

Medicinal Varieties: Specific strains of Echinacea (like 'Sombrero Poco') and Sage (Salvia) have been granted plant patents.

Agricultural Crops: Famous examples include the Honeycrisp Apple (expired) and various ZZ plants.

I got the above from Gemini, so if there are exceptions, then I don't know. :-)

David Krause's avatar

That’s such a good point. Especially about willow bark. Because it couldn’t be patented in its natural form, it was synthetically replicated into aspirin, which could be standardized and commodified.

That pattern shows up often. Wild plants generally aren’t patentable, but newly bred, asexually reproducible varieties can be protected under the Plant Patent Act.

What fascinates me isn’t just the legality, it’s how often systems push us to modify nature just enough to make it ownable.