Is there such a thing as a patent for chicken breeds?

[AinaWGSD]

According to this animal patents are only granted for non-naturally occurring animals (ie those that have been genetically engineered). So animals created via selective breeding cannot be patented.

They can, however, be trademarked and registered. People would still legally be able to breed and sell them if they could reverse engineer them but they would have to call them something else. Sapphire Gems, ISA Browns, Prairie Bluebell Egger, Midnight Majesty Marans, and Freedom Rangers are all examples of trademarked chicken breeds.

 

[JacinLarkwell]

According to this animal patents are only granted for non-naturally occurring animals (ie those that have been genetically engineered). So animals created via selective breeding cannot be patented.

They can, however, be trademarked and registered. People would still legally be able to breed and sell them if they could reverse engineer them but they would have to call them something else. Sapphire Gems, ISA Browns, Prairie Bluebell Egger, Midnight Magesty Marans, and Freedom Rangers are all examples of trademarked chicken breeds.

Maybe that's what I was thinking of with my first comment. It all is too confusing, even when I'm feeling 100%

 

[JedJackson]

According to this animal patents are only granted for non-naturally occurring animals (ie those that have been genetically engineered). So animals created via selective breeding cannot be patented.

They can, however, be trademarked and registered. People would still legally be able to breed and sell them if they could reverse engineer them but they would have to call them something else. Sapphire Gems, ISA Browns, Prairie Bluebell Egger, Midnight Magesty Marans, and Freedom Rangers are all examples of trademarked chicken breeds.

Yes, that's a good way of putting it! Anyone who distributes birds under a trademarked brand name has to pay the trademark owner for the privilege. Call them something else and you're pretty much home free.

Plants like new varieties of roses can be patented, because each plant under the name is genetically identical to the original seedling. It's just cloning, which is not practical in animals at this time.

 

[MysteryChicken]

Interesting thread. I think it's the genetics and the brand names which can be patented. in theory, Steele Eggers can't be sold under that name without paying the patent fee, but I seriously doubt that anyone would go after home breeders for doing so on a small scale. And just calling them Easter eggers instead would be an easy way to get around it. i think the patents are to keep other hatcheries and suppliers from ripping off the developers of the variety. They get a fee for each chick sold under the name.

Yes, that's a good way of putting it! Anyone who distributes birds under a trademarked brand name has to pay the trademark owner for the privilege. Call them something else and you're pretty much home free.

Plants like new varieties of roses can be patented, because each plant under the name is genetically identical to the original seedling. It's just cloning, which is not practical in animals at this time.

Steele Eggers are Easter Eggers anyways. Just a designer Easter Egger.

 

[JedJackson]

Steele Eggers are Easter Eggers anyways. Just a designer Easter Egger.

Yep. And Lord knows there are a lot of them out there now.

 

[The Moonshiner]

 

[sdm111]

Must've been in the genes of one of them. That happened in my backyard flock, not in my show quality silkies. Those were all hatchery birds I think. We started out rescuing a few, none were satin, but every so often, one would pop out.

We started with her, a white sister, and white rooster, then....

View attachment 3947640

She was one of their chicks.
View attachment 3947647

I was appalled that someone would say she's not a silkie anymore!

Then on that silkie site I posted this one, a mottled satin silkie. I bought eggs from a silkie exhibition breeder.
Nope, not a silkie according to them. They don't get silkie is a breed. Silkie is a feather type too, but it's a breed.


View attachment 3947651

How is that last black one a silkies? Looks like a cross between a polish and a cochin

 

[Debbie292d]

How is that last black one a silkies? Looks like a cross between a polish and a cochin

Dunno, I never had cochins, so again, could have been something in them from the ones we started with. I actually asked back then as this was a year or two ago, and was just told these were hatchery quality.

We keep breeding pens of quality silkies, and just eat those other one's eggs so there will be no further breeding of them.

To my knowledge, besides a short stint with hatching eggs of other breeds, of which I sold, there has been nothing but silkies here. Those hatchery ones will age out and have already started to, as this was 8 years ago that we got the originals.

 

[talkinboutchickens]

According to this post, you have to breed them true for five years, then apply to the APA.

My knowledge of the APA is it's very tough to get them to approve a breed. For example, there are those who have been trying to get various silkie variations passed. The one they'll never get passed is trying to call satin silkies just satins.

Very interesting...So do you mean by breeding true that the chicks won't end up with long legs?

 

[talkinboutchickens]

I know they've been working for Legbars for a while too.

They aren't in the APA?