It was always my understanding that there was an attempt to get a patent on the Peppadew but that it was denied.
One of my blog readers sent me this link to a copy of the actual patent application by Peppadew International. If I'm reading it right, it looks like they were given a full patent right to it.
http://apps.ams.usda.gov/PVPO/Certif.../009800051.pdf
Maybe someone wiser than me can read this and see if that is correct.