What Are the Requirements for Patenting a Mushroom?

By Dale Hunt, PhD, JD – Hunt IP Law?

Do you want to patent your new mushroom strain?

Perhaps you read a recent post in this series, explaining that new strains of mushrooms (magic or otherwise) are patentable under the US plant patent system. Maybe you also read the post about the fact that the US patent system grants patents on inventions that meet the patenting requirements, without regard to whether they are legal.

If so, and if you’re thinking about what it would take to patent a mushroom, you’re in the right place. This post will give you the essentials. Then you can email me at [email protected] about the next steps, and we can get started.

The basics:

What would it take to patent a new mushroom strain?

1. A brief description of how the new strain is different from the closest known strains, including but not necessarily limited to its parent strains.

2. Two or more photos of the mushroom, showing the fruiting bodies (the above-ground part of the mushroom) and showing the feature(s) that make this new strain different, if the difference is something visual.

3. A description of how the mushroom was obtained—either by intentional breeding or by noticing an individual or group of mushrooms, in a cultivated area, that are different from the other strain(s) grown in the area.

4. A description of how the strain is propagated asexually.

Do you need DNA information?

Surprisingly, a plant patent application does not require any DNA testing or information, although if it is readily available, it can be useful to include it in the application. But if you are considering DNA testing as an obstacle to or expense associated with a plant patent application, I have good news. I have obtained hundreds of plant patents (at least) for my clients without providing any DNA information. Here is a blog post ?which explains more about that issue.

However, when it is time to determine whether someone infringes a plant patent, DNA testing can usually remove any doubt, giving a clear yes or no answer to such a question. So DNA information is definitely useful. If you have it already, we can include it in the application. If you don’t already have DNA information, don’t let that stop you if you want to go forward with a patent application.

Most patent lawyers have never filed a plant patent. If you have developed or found a new strain of mushroom (magic or otherwise) and think it may be worth patenting, speak to an attorney who is experienced with plant patents.

This is the fourth in a series of blog posts on patenting and psychedelics. Watch this space for additional posts on topics of interest in psychedelics and intellectual property. If you have specific requests or suggestions for topics to be covered, please send me an email: [email protected].

The opinions expressed here are the author’s own and do not necessarily reflect those of his professional colleagues or his clients. Nothing in this post should be construed as legal advice. Meaningful legal advice can only be provided by taking into consideration specific facts in view of the relevant law.

? 2025 – Hunt IP Law