Can you create and/or patent a new chicken breed? How????

Discussion in 'General breed discussions & FAQ' started by Citron_d'uccle, Oct 14, 2011.

  1. Citron_d'uccle

    Citron_d'uccle Chillin' With My Peeps

    Aug 15, 2011
    Fort Worth, TX
    OK, this is purely a question born of curiosity. I apologise if posted in the wrong section.

    Anyhow, I was reading a book on chicken breeds the other day and noticed that several breeds are actually a cross of two or more breeds. So I got to wondering, could a BYCer actually create a new breed from existing breeds? Let's just say, hypothetically, that a breeder crossed a Black Copper Marans rooster with a double-laced Barnevelder hen to get a mixed breed rooster. Then suppose said breeder crossed a Black Copper Marans rooster with a Welsummer hen to get a mixed breed hen. Later, said breeder crosses the mixed breed rooster with the mixed breed hen to create a NEW breed of dark egg layers.
    Now let's say the breeder realises "WHOA, this is an amazing producer of VERY DARK, JUMBO sized eggs, I should patent/create a new breed!" So what is said breeder to do now?
  2. bigb-71

    bigb-71 Chillin' With My Peeps

    Feb 17, 2011
    Ceder ridge CA
    breed those birds for five years untill they breed true . and then go to the APA for approvel. in short .
  3. phasianidae

    phasianidae Chillin' With My Peeps

    Nov 9, 2010
    Can a BYC'er create a new breed?

    Absolutely. To create a breed one must have a goal in mind, have an idea of how much time, money, and space will be needed; and have a lot of knowledge of genetics so one can know how to make proper selection to achieve one's goals. Of course, one would need to start with a larger group of breeding birds in the first place or cross more in in the future to have enough genetic diversity. A large gene pool will be essential so that one has ample variety to select from. And last but not least, one must have a lot of patience, creating a new breed won't be a quick matter.

    As far as the patent, I would stay away from that. I don't think it would help your marketing at all.

    Last edited: Oct 14, 2011
    The Angry Hen likes this.
  4. sjarvis00

    sjarvis00 Chillin' With My Peeps

    May 4, 2009
    Shawnee, OKlahoma
    Quote:it requires 5 breeders, breeding the birds for 5 years, breeder statements, ability to breed true, and a few other details but it is not and cannot be a single person..
  5. wclawrence

    wclawrence Chillin' With My Peeps

    I don't think chicken breeds are something that is patented. Because say you do that, then someone buys 50 birds from you. If the breed were patented, they could not legally reproduce those birds. Sadly, many seeds are done this way.

    But developing a breed is not necessarily difficult. Creating a breed that is marketable is difficult.

    For instance, You could breed big fibromelanistic meatbirds pretty easily. Cornish crosses, silkies, and something with dark legs that will get big (Java, Black Giant, etc) would have you there, getting consistency within three or four years.
    I currently have a breed "in the works" as I figure many people also do.

    I imagine there are a lot more breeds out there that just never became popular.
  6. big medicine

    big medicine custom Brahmas

    Mar 6, 2009
    I've heard of it being done.
  7. Oregon Blues

    Oregon Blues Overrun With Chickens

    Apr 14, 2011
    Central Oregon
    Well, it would take you a lot longer than 2 generations. They have to breed true before they are a breed and that takes many generations and years of work.

    Patents are used in plant breeding. So it might be possible with birds if you can prove it really is a new breed. Plant patents are very short run, and stock is sold with a requirement to return a small patent fee to the developer when the plant is reproduced.

    I suggest that you pay for a consultation with a patent lawyer before you start your project.

    Considering the short length of the patent for plants, I suspect that if you have a really superior bird that is very desirable, you could sell your birds for a high price for at least as long as your patent would have run before so many breeders would produce so many birds that the price would fall. Which makes all the huge expense of getting a patent not worthwhile. Oh yes, did I mention it costs you money to get that patent?
  8. AquaEyes

    AquaEyes Chillin' With My Peeps

    I'll have to get back to you on it after further research, but from what I remember off the top of my head, animal patents are issued for GMO animals, NOT breeds. Basically, what's patented is a line of animals with a gene (or genes) that couldn't have gotten there by regular breeding, requiring a lab to create the combination. Regarded as intellectual property, the animal is patented, and propagation without royalties is not permitted. Any that are released to the public would likely be sterilized (like the various Glo-fish out there).

    But I'll get back to you on's actually a discussion topic for my Ethics of Human Genetics class in the next few weeks.

  9. Illia

    Illia Crazy for Colors

    Oct 19, 2009
    Forks, WA
    Citron_d'uccle :

    Now let's say the breeder realises "WHOA, this is an amazing producer of VERY DARK, JUMBO sized eggs, I should patent/create a new breed!" So what is said breeder to do now?

    Just gonna jump in here and say, that breeder is gonna be told that most French Marans already lay productively VERY dark BIG eggs. [​IMG]

    But no, breeds are not patented, however they are approved by the APA as a recognized breed.​
  10. saladin

    saladin Chillin' With My Peeps

    Mar 30, 2009
    the South
    The real question is: Why would you want too?

    With the many breeds of chickens already available, many of which are on the brink of extinction, why would you want to just add one more to the pot?

    Further, you made the following statement, 'Anyhow, I was reading a book on chicken breeds the other day and noticed that several breeds are actually a cross of two or more breeds.' This would seem to indicate that you have fairly new to breeding chickens.

    Breeding chickens is not throwing a male and female together for copulation. That is multiplying. There is a big difference. To become a recognized breeder takes years to accomplish.
    Last edited: Oct 15, 2011

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