First you need to research thoroughly to make sure nothing similar already exists. Your plant must be unique. Since you "found" it but didn't breed the plant yourself, you may need to have DNA testing to confirm it is a black raspberry (Rubus occidentalis) and not a blackberry (Rubus ulmifolius or R. fruticosus). Once that is determined, then you must be able to reproduce it asexually for a sufficient number of generations to make sure the characteristics that make it unique are stable. Then you pay your patent fee of $2000-$6000 (depending on the patent protection) and apply. Once the application is accepted and pending, find a grower that can grow in sufficient quantity to introduce into the marketplace.

I'm 100% sure it's a black raspberry, and there isn't a market for the fruit of black raspberries. Have you ever seen any at a store? My guess is the only market would be for the plants themselves for home owners. There aren't "generations" if I'm reproducing asexually. I'm tip layering and propagating cuttings. I'm thinking I should contact a lawyer friend of the family to handle the patent after my cuttings fruit again next year. I'm pretty excited because I can find nothing in any books or searching online about a thornless black raspberry. I know it's not going to make me famous or a millionaire, but it would be nice to have a variety named after me.

There ARE generations involved with any type of plant patent. And these need to be documented. If you are tip layering and/or doing cuttings, each successive layering/cutting procedure performed from the previous layered or cutting grown stock is considered a generation. Typically this is a period of at least several years or sufficient time to firmly establish a consistent genotype. If this is not fully documented, your application will be denied.

Patent or intellectual property attorneys are quite specialized. And you will need one of these (not any other kind of attorney) to file your application according to the USPTO. They even provide lists of attorneys that are registered to appear before them.

It is not a simple process, And does involve an investment in time as well as money. I'd suggest you study the USPTO patent requirements thoroughly to know what you are getting into.

btw, you do not have to patent a plant to have it named after you........it just needs to be introduced into the marketplace and recorded by the governing taxonomic authority.