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Abstract:
According to the conventional wisdom, the twentieth century was a disaster of monumental proportions for vegetable crop diversity. The conventional wisdom is wrong. Our study of 2004 commercial seed catalogs shows twice as many 1903 crop varieties surviving as previously reported in the iconic 1983 study on vegetable crop diversity. More important, we find that growers in 2004 had as many varieties to choose from (approximately 7100 varieties among 48 crops) as did their predecessors in 1903 (approximately 7262 varieties among the same 48 crops). In addition, we cast doubt on the number of distinct varieties actually available in 1903 by examining historical sources that expose the systematic practice of multiple naming. Finally, by looking more closely at the six biggest diversity winners of the twentieth century (tomatoes, peppers, lettuce, garden beans, squash, and garlic), we suggest that patent law is virtually irrelevant.

vegetable varieties, crop diversity, crop varieties, patents, RAFI, seeds, biodiversity, tomatoes, peppers, garden beans

Abstract:
The intellectual property system does not seem to drive the rate of innovation in the market for vegetable varieties. Drawing on a unique data set of all plant patents, plant variety protection certificates, and utility patents among 42 vegetable varieties, this short paper examines the relationship between intellectual property rights in vegetable crops and the diversity of commercially available varieties. Three findings are of particular interest: 1) Only 3.8% of varieties available in 2004 were ever subject to protection under patent law or the Plant Variety Protection Act; 2) More than 16% of all vegetable varieties that have ever been patented were commercially available in 2004; and 3) In 2004, approximately 4.5% of protected, or once protected, varieties consisted of inventions that were at least twenty years old. Although intellectual property rights appear to be an insignificant part of the crop diversity story, they exhibit much higher commercialization rates than expected (the conventional wisdom suggests a 5% rate), and they exhibit a slower rate of obsolescence than expected. Complete data on individual vegetable types are provided, and the sui generis nature of corn is also discussed.

vegetables, crops, patents, varieties, commercialization, intellectual property, plants, PVPA, Plant Variety Protection Act, innovation

Abstract:
Contrary to popular belief, the twentieth century was a good one for commercial apple varietal diversity. As measured by availability in commercial nursery catalogs, significant gains were made in both absolute number of apple varieties and the available number of pre-1900 historic varieties. In 1905, an estimated 420 different apple varieties were commercially available, approximately 390 of which dated from the 19th century or earlier. By 2000, 1469 different apple varieties were offered in commercial catalogs, at least 435 of which were pre-1900 century varieties. And, if one counts apple varieties maintained in the USDA orchards as commercially available (one can obtain scions by making a simple on-line request), hundreds more apples, including many historic varieties, can be added to the count. Most importantly, the data collected reveals the sources of diversity gains in the twentieth century, including an analysis of the percentage of varieties resulting from patented innovation, non-patented local innovation, preservation of old varieties, and importation. Although patented apples constitute a relatively small percentage of available varieties, they exhibit stunningly high commercialization rates and surprisingly low obsolescence rates. A unique list of all patented apples, their varietal names, and present availability is included in an appendix.

patents, plants, fruits, apples, diversity, heirloom, varieties, USDA, innovation, import, importation