Editor’s note: This story has been updated to report the correct 10-year length of the original exclusivity window that has now been extended for five more years
Washington growers will be the only ones in North America allowed to grow the WA 38 apple for another five years.
Washington State University has extended the exclusivity rights for the state’s growers to produce WA 38, the apple marketed as Cosmic Crisp.
With heavy investment from the Washington apple industry, WSU scientists bred the WA 38, an Enterprise-Honeycrisp cross. The university offered the first commercial tree sales in 2017, starting a 10-year clock for exclusive production rights that allows only Washington growers to produce the apple within the North American market.
The university has licensed producers in other parts of the world, including Europe.
In an April 17 letter to growers and nurseries, WSU announced it is extending the North American exclusivity period through May 26, 2032, when the U.S. patent expires. After that, the university will lose the ability to restrict who may grow WA 38 trees.
However, trademarks do not expire, so the university will retain authority over who uses the Cosmic Crisp trade name.
Kevin Brandt lauded the move.
“We fully support WSU’s decision and believe that they are working in the best manner for both the brand and the Washington state growers,” said Brandt, vice president of Proprietary Variety Management, the Yakima Washington, company contracted by WSU to commercialize the WA 38 apple.
In the past nine years, Washington growers have purchased more than 22.5 million WA 38 trees, Brandt said. In the 2024–25 crop season, the state sold 11.7 million 40-pound box equivalents of Cosmic Crisp apples. •
