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Funding Alert: New DEFRA grant competitions now open for Agri-TechE innovators
DEFRA has just launched two significant new funding opportunities under its Farming Innovation Programme, offering a chance for UK agri-tech innovators to access £1 million to £2.5 million in collaborative R&D grants. With up to 70% funding available, these schemes present a timely opportunity for those working on cutting-edge solutions in sustainable agriculture.
This call seeks innovative, collaborative projects that reduce on-farm or near-farm emissions. Key areas include:
Regenerative farming systems
On-farm energy efficiency and innovation
Methanisation and biogas utilisation
Livestock methane reduction
Agroforestry, biochar, and land management innovations
⏰ Deadline for both competitions: Wednesday 25 June 2025 at 11:00am
Project scoping and application preparation
At Tatton Consulting, we’ve helped secure over £100m in non-dilutive grant funding, including £15m+ for agriculture, food, and agri-tech. With a 70%+ success rate and a strong track record across Innovate UK, DEFRA and more, we bring strategic insight and hands-on bid expertise that can make all the difference.
🔍 Agri-TechE Member Perks
To support the Agri-TechE network, we’re offering:
Our team provides honest, upfront advice, no boilerplate bids, and bespoke project design to maximise your competitiveness. And with a ‘No-Win, No-Fee’ option, there’s no risk in exploring your eligibility.
📧 Book your session: funding@tattonconsulting.co.uk
🌐 Learn more: ukgrantfunding.co.uk
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Webinar to explore ADOPT fund opportunities
Farmers and innovators are invited to register for a webinar exploring the opportunities created by the Accelerating Development of Practices and Technologies (ADOPT) Fund, which launches on 28th April.
The funding is part of Defra’s Farming Innovation Programme which is delivered by Innovate. It aims to accelerate the adoption of cutting-edge practices, from sustainable techniques to agri-tech solutions by providing grants of up to £100,000. Support grants of £2,500 are also available to kickstart applications.
The British On-Farm Innovation Network (BOFIN) is one of the programme’s approved project facilitators and is ready to encourage farmers to explore the opportunities through a free one-hour webinar on 1st May 2025, starting at 8.30am. It follows the official Innovate UK launch webinar the previous day.
The BOFIN webinar will include a panel discussion chaired by managing director Tom Allen-Stevens. Experts taking part are Kate Pressland of CEIA, Belinda Clarke of Agri-TechE , Becky Swinn of Innovative Farmers, Siwan Howatson of Farming Connect and Holly Shearman of Innovation for Agriculture.
They will discuss the details of the programme, opportunities for farmers and innovators, and give advice on how to develop ideas into projects.
“The long-awaited ADOPT Fund puts farmers in the driving seat of innovation, enabling them to harness the new technologies or innovations they believe could bring productivity gains,” said BOFIN’s Tom Allen-Stevens. “We want to make sure all farmers are aware of the opportunities this fund creates, which is why we are hosting this webinar. I encourage anyone interested to register to learn more and start developing their ideas.
“Going forward, our role as facilitators will be firstly to help farmers build collaborations with scientists and innovators, and apply for grants. Then, for those that are successful, to ensure farmers can focus on what matters – running trials that boost productivity and sustainability for their own businesses and the wider industry – while we handle the paperwork, partnerships and project management.”
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Is agriculture the oldest – and newest – form of manufacturing?
Agri-TechE Blog
Agri-TechE
This month we’ve been thinking about manufacturing, what it means, how it applies to agriculture and why it even matters.
Traditionally the word “manufacturing” conjures up images of landscapes dominated by resource-hungry heavy industry, quite at odds with the vision of a nature-based production system of plants and animals.
But looking back – and forward – reveals they might be closer than we might imagine.
What is manufacturing?
Manufacturing can be broadly defined as the conversion of raw materials into a finished product through the use of tools, machines, labour and chemical or biological processing.
So, what is photosynthesis, milk, meat or fleece production, if not manufacturing?
Arguably, yes. Although unlike targeted product design, evolution doesn’t aim for a specific end goal– random genetic changes happen that impact a lot of individuals, and by chance, some of those changes leave their offspring better suited to survive and thrive in their environment.
But the incremental improvements brought about by evolution operate along the same principles as a rational “design-test-build” approach.
Taking the analogy even further, plant breeding (particularly with the new tools for precision breeding) enables faster and more targeted “evolution” of crops and livestock, designed to a specific end, such as increased yield or better stress tolerance.
Mass, batch or custom-made?
The three main approaches to how most things are made are mass production (a large quantity of standardised products is made), in batches (for limited, higher value products) or custom-made – where the product is unique or specialised.
Again, we can see the parallels with agriculture. Arguably, commodity crops are mass produced (around 800 million tonnes of wheat globally last year, for example), while higher value crops such as salads and glasshouse plants are batch produced, while vertical farming and controlled environment production paves the way for high value crops such as those producing pharmaceuticals or other valuable proteins, for example.
Doing it better
Tim Minshall advocates for more sustainable and responsible manufacturing practices, harnessing circular economies, better supply chain transparency, and a focus on innovation to minimise waste and improve the environmental and social impact of production.
Sound familiar to conversations around agriculture and horticulture? Our recent event at the MTC discussing this very topic predictably positioned automation and robotics as key to this transition, but we realised it is more than technology – it is a collaborative mindset and a manufacturing-based approach that could be needed.
Why does it matter?
The current global geopolitical uncertainty, and trade tariff turmoil are starting to place a sharper focus on the manufacturing capability of countries and their potential for growth. The ability to generate higher value goods and products is increasingly seen as being a core capability.
So, recognising manufacturing principles and applying them to agriculture has many benefits. It changes mindsets and enables more efficient and sustainable processes – being “leaner” (to use another manufacturing term).
And recognition of the production of food and ecosystem services as bring the valued outputs of am efficient, high-value manufacturing capability can only be a good thing politically in these turbulent times.
The views expressed in this Member News article are the author's own and do not necessarily represent those of Agri-TechE.
This year’s Innes Lecture is being delivered by Prof Sujit Sivasundaram, Professor of World History at the University of Cambridge, who will look at the history of pepper and the role it plays in the world.
It will be held on Tuesday 29 April in the John Innes Conference Centre at Norwich Research Park. The event is free to attend and open to all. Please book your tickets here.
Doors open at 6pm with the lecture starting at 6.30pm.
Pepper is the most widely used spice in the world, but its widespread use was not always certain or predictable.
This lecture follows pepper’s journey from its origins in South India, across the Indian Ocean, and through many different hands, before the Portuguese sought to take control of it.
The way pepper was harvested and traded to meet growing demand helped shape the plantation economy. The combination of the plantation economy and European colonisation played a huge role in shaping the modern world. Looking at how pepper was cultivated and traded, reveals different ecologies, trade networks, labour systems and cultural influences.
Prof Sivasundaram’s last book, Waves Across the South: A New History of Revolution and Empire, won both the British Academy Book Prize and the Jerry Bentley Prize for World History. He is a Fellow of the British Academy.
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Land use can be the cause as well as the solution to the biodiversity and climate crises that we currently face. However, our ability to better predict the implications of our land use decisions will determine whether we can achieve desired changes that support diverse needs, on a finite area, whilst reducing environmental impact.
Land Use for Net Zero (LUNZ) Footprint is one of five research projects that run alongside the LUNZ Hub. Collectively these projects aim to help drive the transformation of UK land use needed to achieve net zero by 2025. The LUNZ Footprint project specifically aims to make it simpler for farmers to measure and reduce their carbon footprint, recognising that as we approach 2050, farm businesses will increasingly need to demonstrate net zero credentials to processors and retailers who have Scope 3 net zero targets.
LUNZ Footprint uses a ‘Living Lab’ approach to enable integration of research and innovation through co-creation in the real-world, ensuring research matches industry needs. Key to the success of these Living Labs is building communities who can share best practices and help compare greenhouse gas calculations. The project is engaging with policy and value chain stakeholders and 100 farm businesses to raise awareness around the tools available to understand greenhouse gas footprint and to help place farm businesses at the centre of decision making.
There are currently opportunities to engage with this project through a series of regional workshops. The Eastern England workshop to describe the project and provide opportunities to engage further will take place on Thursday 8th May 2025 at Cranfield University in Bedfordshire. Details and registration for this event can be found here.
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In today’s rapidly evolving business landscape, the integration of sustainable power, reliable connectivity, and intelligent technology isn’t just a luxury – it’s a necessity for survival and growth. As businesses face increasing pressure to reduce costs, improve efficiency, and meet sustainability goals, the convergence of these three critical technologies is creating unprecedented opportunities for operational excellence.
The Current Business Challenge
Modern businesses face a triple challenge:
Rising energy costs and unreliable power supply
Growing demand for seamless connectivity
The need for intelligent, automated systems
These challenges are particularly acute in industrial settings, agricultural operations, and remote facilities where traditional infrastructure may be limited or unreliable.
The Power of Integration
The real magic happens when off-grid renewable power, private wireless networks, and SMART technology work in harmony. This integration creates a robust ecosystem that delivers:
Energy Independence and Sustainability
Reliable off-grid power solutions
Reduced operational costs
Minimized environmental impact
Consistent power supply for critical operations
Secure and Reliable Connectivity
Private 5G networks for enhanced security
Custom wireless design for optimal coverage
Multi-bearer radio technologies for redundancy
Seamless communication across operations
Intelligent Operations
SMART building management systems
Automated security solutions
Agricultural technology integration
Real-time monitoring and control
Real-World Applications
Let’s explore how this integrated approach transforms different sectors:
Industrial Sector:
Automated production lines powered by renewable energy
Real-time monitoring through private wireless networks
SMART systems optimising energy usage and maintenance schedules
Agricultural Operations:
Sustainable power for irrigation systems
Wireless connectivity for precision farming
SMART technology for crop monitoring and optimization
Defence and Security:
Reliable power for critical operations
Secure private networks for sensitive communications
Intelligent surveillance and monitoring systems
The Implementation Journey
A successful integration typically follows these steps:
Assessment of current infrastructure and needs
Custom solution design
Phased implementation (typically 6 weeks)
System optimisation and monitoring
Ongoing support and maintenance
Return on Investment
The benefits of this integrated approach are substantial:
Reduced energy costs through renewable power
Improved operational efficiency via SMART systems
Enhanced security through private networks
Increased productivity through automation
Future-proofed infrastructure
Looking Ahead
As technology continues to evolve, the integration of power, wireless, and SMART solutions will become increasingly sophisticated. Businesses that embrace this convergence now will be better positioned to:
Adapt to changing market conditions
Meet sustainability goals
Maintain competitive advantage
Scale operations efficiently
Conclusion
The future of business operations lies in the seamless integration of sustainable power, reliable connectivity, and intelligent systems. By adopting this holistic approach, organisations can not only address current challenges but also position themselves for future success in an increasingly competitive and sustainability-focused world.
The views expressed in this Member News article are the author's own and do not necessarily represent those of Agri-TechE.
New research aims to tackle rising insect pest infestations in common berry crops using advanced AI, natural lures and selected species of aphid-feeding hoverflies to continuously monitor the crop and trigger earlier intervention.
UK berry growers are threatened by increasing pest infestations which drive down yields and increase costs; aphids can reduce berry crop yields by more than 30%. Growers are urgently searching for new ways to deal with pests at a predictable cost and with better environmentally sound results.
A consortium of commercial growers, leading applied researchers, and an innovative agritech solutions business including the crop research organisation Niab, The Natural Resources Institute, University of Greenwich, Asplins Producer Organisation Ltd, The Summer Berry Company Ltd, and agritech start-up Olombria, have already developed a system to deliver innovative natural pest management solutions in soft fruit.
FLYTHRIVE (Fly-Led Yield Thriving in Horticulture with Integrated Vision and Ecology) is the next step and the £1.3 million match-funded project, supported by InnovateUK, will enable the system to be trialled and optimised in full-scale commercial environments. The unique hoverfly-led control system is expected to be commercially effective in all commonly used berry-growing environments and has broad application across other fruits.
Dr Sarah Arnold, research lead in applied entomology at Niab commented, “There is an urgent need for integrated pest management solutions in commercial horticulture that do not depend on new pesticide approvals. Beneficial insects such as predators and parasitoids are an increasingly important part of growers’ toolkit to manage priority pests like aphids.”
The goal is early automated detection through active monitoring and highly efficient rapid targeting of aphids with select hoverfly species at a much lower cost and without negative environmental impact. FLYTHRIVE aims to reduce aphids by over 70% within two weeks of deployment. New Machine-Learning Vision Systems and active lures will be developed to monitor and direct hoverflies at a much earlier stage of aphid infestation, reporting their performance directly to growers and providing AI training data for future optimisation. The project will prove the viability at scale for the system.
Tashia Tucker, founder and CEO of Olombria explained, “This project is tackling one of the toughest challenges berry growers face, and we’re confident it will deliver real solutions. Building on our success with pollination systems, we’re excited to collaborate with our incredible partners, whose expertise and dedication are vital to developing a natural, effective way to protect crops from pests like aphids and support growers in achieving healthier, more sustainable harvests.”
Dr Steven Harte, senior lecturer in chemical ecology at NRI, commented, “This project combines chemical ecology techniques commonly used in IPM with new technologies such as machine learning to do something novel in biocontrol research and offers fruit growers a sustainable pest control solution.”
Chris Rose, chief operating officer of Asplins, added, “The UK soft fruit sector has been a great success story providing delicious, healthy fruit to a high standard; yet growers are struggling to remain profitable with rising costs, increasing pest and disease challenges and customer lead need for pesticide reduction. This exciting and innovative project has the potential to significantly ameliorate all these challenges.”
Camilla Langmead, senior production coordinator at The Summer Berry Company, said, “This project is exciting for us as it will help us reduce our pesticide use, and it will create an additional pollination route which can increase our fruit size and reduce wastage. We have natural biologicals on the farm, but this will increase the biodiversity further, complimenting the direction we want to be heading in.”
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When it comes to making meaningful impacts in agriculture and food innovation, Australia’s research ecosystem is brimming with opportunities for local and international researchers. growAG.’s research guide to Australia’s agriculture and food ecosystem serves as an essential resource for international researchers and organisations looking to navigate Australia’s research landscape and forge meaningful collaborations.
Australia’s research ecosystem
Australia’s agricultural research landscape represents a substantial economic commitment, with combined public and private investment reaching US$1.59 billion in 2022-23. This investment includes US$906 million in public funding from federal and state governments and universities, complemented by US$686 million in private funding. Studies have consistently demonstrated the significant return on this investment, estimating that every $1 spent on agricultural R&D yields almost $8 in returns for farmers over a 10-year period.
At the heart of this ecosystem are the Rural Research and Development Corporations (RDCs), which have been driving agricultural advancements since 1989. These organisations facilitate co-investment between the Australian government and primary producers, creating benefits that extend to industry stakeholders and regional communities alike. The Australian research landscape includes 15 RDCs – 5 Commonwealth statutory bodies and 10 industry-owned companies – collectively investing approximately US$550 million annually.
However, Australia’s research ecosystem doesn’t stop at RDCs. It also encompasses numerous Cooperative Research Centres (CRCs), federal government agencies like the CSIRO, state-based agricultural departments, university research hubs, private sector R&D programs, and technology incubators.
While such a diverse and extensive research environment offers tremendous opportunities, it can be tricky to navigate the maze of funding options, partnership structures, regulations, and paths to commercialisation in Australia’s agricultural innovation space.
The solution: The growAG. Research Guide
The growAG. research guide simplifies the pathway for local and international researchers by providing comprehensive insights into Australia’s unique research landscape. The guide is designed to help researchers identify opportunities, establish partnerships, and access programs to foster collaboration and growth.
The guide offers several valuable resources including detailed profiles of each RDC, a map illustrating the Australian agriculture and food research landscapes, five distinct pathways for engaging with research entities and intellectual property considerations.
The RDC profiles summarise their industry focus areas, strategic research priorities, and preferred investment models. These profiles help researchers identify which RDCs align with their research areas and expertise.
The Australian agriculture and food research maps serve as navigational tools, helping researchers pinpoint potential collaborators and understand the complex relationships between various public and private institutions in the Australian research environment.
To grow research in Australia, an outline of five distinct pathways are provided highlighting actionable steps for researchers to take to begin building meaningful collaborations. These included collaborating with RDCs, Cooperative Research Centres, partnering with universities, or accessing government grants, incentives & assistance.
Intellectual property considerations are an essential consideration for international researchers looking to enter the Australian market. The benefits of establishing IP in Australia, the types of IP researchers should consider and specific considerations for research collaboration with universities and businesses are all outlined in the guide.
Success stories from the field
FutureFeed, a partnership between CSIRO, Meat and Livestock Australia, and James Cook University, is one example of collaboration featured in the research guide.
This collaboration created a livestock feed ingredient from native Australian Asparagopsis seaweed that reduces cattle methane emissions by over 80%. Launched as a company in 2020 with US$9.34 million in investment from Woolworths, GrainCorp, Harvest Road, and AGP Sustainable Real Assets- SparkLabs Cultiv8, FutureFeed now licenses seaweed growers across the globe.
FutureFeed, a partnership between CSIRO, Meat and Livestock Australia, and James Cook University, is one example of collaboration featured in the research guide.
This collaboration created a livestock feed ingredient from native Australian Asparagopsis seaweed that reduces cattle methane emissions by over 80%. Launched as a company in 2020 with US$9.34 million in investment from Woolworths, GrainCorp, Harvest Road, and AGP Sustainable Real Assets-SparkLabs Cultiv8, FutureFeed now licenses seaweed growers across the globe.
The innovation was recognised with the Food Planet Prize and demonstrated commercial viability by producing the world’s first lower-emission steaks in 2021. If adopted by just 10% of global producers, it would equal removing 100 million cars from roads while potentially feeding an additional 23 million people – showcasing how Australia’s research ecosystem can transform scientific breakthroughs into global solutions.
As global agricultural challenges intensify due to climate change, population growth, and resource constraints, successful research collaboration examples like these demonstrate what can be achieved. By providing a clear roadmap to Australia’s research ecosystem, the guide empowers Australian and international researchers to contribute to and benefit from one of the world’s most innovative agricultural sectors.
To explore these opportunities further, the complete guide is available to download from growag.com.
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Legend has it that the first coffee consumers were goats – and that the energetic properties of coffee were discovered by Ethiopian farmers who noticed their goats were far more animated after consuming coffee cherries. Since then, consumption of coffee has spread to the human population – and if we are going to make a competition out of it – Finland wins, with each adult on average consuming 27.5 pounds of coffee a year…
Despite record-breaking coffee prices, the consumption of coffee worldwide is soaring, and with this soaring coffee consumption comes an environmental debt. Large-scale coffee farming leads to deforestation and the subsequent loss of natural habitats, soil damage, and water pollution, all of which contribute to climate change.
For these reasons, when We are Morrow presented an environmentally friendly solution at Agri-TechE ’s REAP Conference in Newmarket in November, it is fair to say that everyone in the room was intrigued. Their solution? Coffee made from locally grown and up-cycled ingredients, such as fruit pips, peels and seeds, but crucially, not coffee beans. As We are Morrow explained during their presentation, they first identify the compounds that give coffee its unique flavour, aroma and colour, select ingredients that contain those compounds and then ferment, roast and malt these ingredients until a product is achieved with the right flavour compounds. This is impressive given that coffee is actually incredibly complex. The list of chemical compounds present in coffee runs to over 1000 with over 800 aromatic compounds. For this reason recreating coffee without the coffee bean is quite a scientific achievement. However, We are Morrow’s technology is not only scientifically remarkable. As the coffee can be made from locally sourced waste or by-products, the environmental impact of producing coffee is significantly lessened.
The example set by We are Morrow is fortunately being reflected in the food market. As we – as consumers – become increasingly aware of the environmental impact of our food, the popularity of up-cycled food products is increasing at a significant rate. According to a recent market report, the up-cycled food products market was valued at $54.5 billion in 2022, and is forecasted to reach an impressive $94.6 billion by 2032. Examples of other up-cycled food products include snack bars made from spent grain, over ripe bananas and the pulp from pre-juiced vegetables and fruit. As such, we hope to see more and more of our food coming from up-cycled ingredients in the years to come. For now, however, we look forward to welcoming We are Morrow coffee into the coffee shops of Cambridge!
The views expressed in this Member News article are the author's own and do not necessarily represent those of Agri-TechE.
Don’t invest unless you’re prepared to lose all the money you invest. This is a high-risk investment and you are unlikely to be protected if something goes wrong. Take 2 minutes to learn more
Muddy Machines is now raising funds on Crowdcube!
Muddy Machines creates advanced AI-powered robots to automate labour-intensive tasks in horticulture, tackling severe labour shortages and boosting economic efficiency on farms.
Key highlights:
Signed expressions of interest from growers for over 650 robots.
Secured over £2.8m in Innovate UK grant funding since 2021.
Patented asparagus harvesting robot successfully tested in field trials.
Significant opportunities in a global agricultural robotics market projected to reach $99bn by 2030.
Funds raised will help progress our robots from prototypes to production-ready units and expand grower trials across the UK.
Visit our campaign on Crowdcube to find out more and invest: LINK
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Almost 11% of agricultural land in the European Union (EU) is organically farmed and the number of organic producers is increasing at a steady rate year on year.
But what does the term ‘organic farming’ actually mean?
For IFOAM Organics – one of the leading international organisations in the organic space – organic agriculture can be defined as: ‘A production system that sustains the health of soils, ecosystems, and people.’
To be organic is to rely on natural ecological processes, biodiversity and cycles adapted to local conditions, rather than turn to inputs which negatively impact both the environment and human health, such as synthetic pesticides, herbicides and fertilisers.
For some, organic farming is the answer to our sustainability dilemma.
However, in an era where global livestock production (particularly dairy) has been heavily scrutinised for its contribution to climate change, how can these organic principles translate to more sustainable livestock production?
“Dairy cattle farming has played a key role in the development of organic principles, regulations and practices,” says Dr Mette Vaarst, Senior Researcher at Aarhus University, Denmark and co-editor of this new book.
This is the focus of Advances in organic dairy cattle farming – a new book edited by three of the world’s foremost authorities on organic animal farming: Dr Mette Vaarst (Aarhus University, Denmark), Dr Stephen Roderick (Duchy College, UK) and Dr Lindsay Whistance (Organic Research Centre, UK).
The book considers how organic dairy farming has the potential to address major environmental challenges, whilst also meeting the four key organic principles of health, ecology, fairness and care.
“The environmental footprint of conventional dairy farming is significant and we can’t hide away from that fact,” says Francis Dodds, Editorial Director at Burleigh Dodds Science Publishing.
“But perhaps what needs to be highlighted and spoken about more is organic farming and its remarkable potential to not only reduce the environmental impact of dairy production, but also how it can promote biodiversity and enhance other ecosystem services,” he adds.
Conventional dairy farming often relies on intensive livestock management, imported feed and synthetic fertilisers and pesticides for pasture management which collectively contribute to higher emissions. In contrast, organic dairy farms utilise natural processes and inputs, including a higher reliance on pasture, organically-sourced feed supplements and regenerative methods for optimising pasture quality.
By working with nature, organic farms can promote biodiversity and create more resilient and sustainable agroecosystems able to deliver key ecosystem services, including pollination, pest control and water regulation.
“However, whilst organic dairy farming does offer numerous environmental benefits, it also presents challenges that need to be addressed,” says Francis Dodds.
“These challenges include potentially lower yields associated with more extensive production systems as well as health and welfare issues given a lower reliance on antibiotics and anthelmintics,” he adds.
However, these challenges also present opportunities for innovation and growth within an already exciting sector which offers a promising path to greater sustainability for the wider agricultural sector.
Note:
Agri-TechE members can redeem 20% off their purchase of the book via the BDS website. Simply enter code AGRITECH at checkout.
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A recent case in the US District Court for the Northern District of Texas (Dallas Division) once again highlights how important the initial pleadings and evidence in patent infringement cases can be.
The case is between David Austin Roses Ltd and GCM Ranch LLC[1] and is based on alleged willful infringement of US plant patents held by David Austin covering several varieties of roses, and corresponding trademark infringement. David Austin Roses Ltd is a major British rose breeding company. The varieties bred by David Austin are well known as the company has been established for a long time and consistently obtains PVR protection for its roses around the world, including under the US Plant Patent Act. They also typically file trademarks for the tradenames of each rose covered under a corresponding plant patent.
In this case, David Austin alleged that GCM Ranch infringed nine granted US plant patents by selling rose varieties that fall under the plant patent claims. However the evidence they provided in their pleadings was based mostly on screenshots of the rose products on the GCM Ranch websites resembling the patented varieties, and reviews indicating sale of the products to consumers.
In response, GCM Ranch argued that the evidence was not sufficient to prove patent infringement because David Austin failed to provide any explanation of how the alleged infringing plants were produced. According to USC 163, in the case of a plant patent, the grant shall ‘include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States’. It was clear that David Austin demonstrated that the plant was being offered for sale and sold, but did not satisfy that said plants were proven to be asexually reproduced from the patented plant. GCM Ranch seized on this point of law in their response, as did the Court. Despite the striking similarities in the plants being sold to the protected varieties, and the agreement that GCM Ranch new of the plant patents at issue, the Court granted GCM Ranch’s motion to dismiss the plant patent infringement case. The Court stated that ‘even though the roses resemble one another, David Austin has failed to plausibly allege that GCM Ranch’s roses were asexually reproduced from David Austin’s roses. For example, David Austin did not allege how GCM Ranch was asexually reproducing the patented roses—i.e., whether they did so by grafting, budding, or layering’.
It is clear that for plant patent infringement in the US the pleadings must be sure to provide factual evidence of how the infringing plants were actually derived from the patented plant, in addition to evidence of sales of the infringing plants. It seems that simply alleging that the patented plant variety has been asexually reproduced is not enough. A full case should be presented at the pleadings stage to avoid surprising dismissal.
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