"CEA companies often focus on building innovative solutions, but don't think to protect that innovation until it's too late", states Bree Vculek, associate in Sterne Kessler's Biotechnology and Chemical Practice Group. "The power of innovation lies in how well it's applied and captured. An early, strategic approach to intellectual property (IP) not only wards off infringement from competitors but also attracts investors, partners, and customers who value the security of a protected asset." Together with colleagues Richard Coller and Jean Selep, she tracks developments in the controlled environment agriculture (CEA) industry. "From vertical farms in urban warehouses to automated hydroponic and aeroponic systems, these operations integrate biology, engineering, software, and design. Alongside these developments, intellectual property (IP) has become a structured consideration for growers, startups, and technology developers."
© Sterne, Kessler, Goldstein & Fox PLLCBree Vculek
Mapping the CEA innovation stack
CEA involves multiple layers of innovation, each presenting distinct IP considerations. "Understanding these layers is the first step toward effective protection," says Bree.
Plant varieties and genetics. Cultivars designed for controlled environments may be bred for compact growth, rapid maturation, disease resistance, or tolerance to environmental stress. These varieties may be protected through utility patents, plant patents, and/or Plant Variety Protection (PVP) certificates—each with different eligibility standards, timelines, and enforcement tools.
Growth systems and substrates. From aeroponic towers to deep water culture beds, innovations in nutrient delivery, substrate composition, or modular architecture often qualify for utility patent protection. As Richard Coller, director in Sterne Kessler's Mechanical & Design and Trial & Appellate Practice Groups notes, "Engineered growth systems are central to operational efficiency and scalability. IP protection helps maintain control over these designs."
© Sterne, Kessler, Goldstein & Fox PLLCRichard Coller
Lighting and energy systems. LEDs tailored to specific plant growth phases, adaptive lighting schedules, and energy storage solutions such as batteries or supercapacitors may be eligible for utility patents. Energy management algorithms and sensor-driven adjustments are often part of the technical innovations within this layer.
Climate control and sensor networks. Environmental sensors monitor parameters such as temperature, humidity, and CO₂ levels, generating datasets that inform real-time adjustments. Protecting the hardware, software, and system configurations through patents and trade secrets is a common approach; robust data-governance practices can also preserve competitive datasets as trade secrets.
Automation and robotics. As Jean Selep, associate in Sterne Kessler's Electronics Practice Group, states, "Robotics and automation are increasingly critical to indoor farms. IP strategies need to reflect both the mechanical and functional innovation." Automated seeding, harvesting, transplanting, and cleaning systems, often designed for vertical layouts or modular farms, can be covered by utility and design patents.
© Sterne, Kessler, Goldstein & Fox PLLCJean Selep
Software and AI. Machine learning tools may schedule lighting, optimize harvests, orforecast yields. These tools are often protected as trade secrets, though algorithms or control systems may be patented if they provide technical solutions to specific problems and meet patent-eligibility requirements.
Design and user interfaces. Graphical interfaces, control panels, and modular component design can be protected through design patents and, where applicable, trademarks/trade dress for distinctive branding and product appearance, and in some cases utility patents.
"From seeds to sensors, the CEA innovation stack is deep, diverse, and increasingly defensible if IP is integrated early and strategically", Bree concludes. "Yet many companies wait too long to think about protection, putting their hard-won innovation at risk. By prioritizing early filings, freedom-to-operate assessments, and a coordinated patent-and-trade-secret strategy—ideally in consultation with intellectual property counsel—companies can take proactive steps to protect their innovations."
For more information:
Sterne, Kessler, Goldstein & Fox
1101 K Street NW, 10th Fl
Washington DC 20005
https://www.sternekessler.com/
