Patents are generally issued on the basis of innovation. Therefore, if someone invented a method of synthesizing graphene from grape juice, he could patent that method. Others might patent methods of producing synthetic graphene that involves a new method for chemical vapor deposition. If the grape juice method is more cost effective or can produce better quality graphene, it'll become valuable commercially. Both methods are innovative methods (patentable IP) of synthesizing graphene (nonpatented- and unpatentable material), but one would have more commercial value.
