The Risks and Limitations of Patent Strategy in AgTech

By Joshua Goldberg

While patents can provide powerful protection, they also introduce several strategic challenges—particularly in agriculture.

One challenge is disclosure. Patent applications require innovators to publicly describe how their technology works. This information can sometimes help competitors design alternative solutions that avoid infringing the patent.

Another challenge involves biological variability. Agricultural systems are inherently complex, which can make it difficult to draft patent claims that remain enforceable across different environmental contexts.

Timing can also create complications. Patent prosecution often takes several years, while some AgTech companies iterate rapidly as they refine biological systems or software tools.

Additional challenges include:

  • The limited duration of patent protection
  • Difficulties securing patents across multiple international jurisdictions
  • The cost of developing and maintaining global patent portfolios.

Because of these factors, patents may not always represent the optimal strategy for protecting every agricultural innovation.

For many AgTech companies, an alternative form of protection becomes attractive: trade secrets.