Blueberries~ Which varieties are NOT patented?

thoughts-from-julesJanuary 23, 2013

We will be purchasing about 10 blueberry plants this coming spring and I would like to know which plant varieties are NOT patented. As I plan to propagate some cuttings to increase our blueberry plot over the next few years. I want to make sure whatever variety I plant is legal to do so. We like nice large berries for snacking. We freeze them and eat them plain, we also make jams and desserts with them as well as in baked goods. So we'd like most of the plants to have larger berries, and the other smaller portion of plant varieties to be the smaller berries that are better in muffins, pancakes etc.

We recently purchased 5 acres in Eastern Oregon zone 5-6. We would like to have a fairly large food production area for our family of 6. We go to a U-Pick blueberry farm an hour a way and pick 200+lbs a season so we need a LOT of blueberry plants. Any recommendations on how many plants we would need to produce that kind of yield? I have noticed how expensive blueberry plants are. We will be doing good to be able to invest in 10 nice sized plants because we have so much other stuff we are also trying to do, other fruits, orchard trees, remodeling the home etc.

I'd appreciate any help with determining a good variety for our needs.

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ken_adrian Adrian MI cold Z5

this is the propagation forum...

your patent question.. is more along the lines of a fruit forum question ...

unless of course.. the propagators know offhand ...


    Bookmark   January 23, 2013 at 3:51PM
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brandon7 TN_zone(7)

Maybe they would, but I'd be shocked if the Fruit Forum people knew the answer to this!

Here is a list of what I think are all the currently patented blueberry cultivars. There is some possibility that there are others (searching for them all is something akin to proving a negative, unless you have access to some databases that I don't), but I think this is likely to be all of them. Also, remember that this list contains cultivar names, not trade names (which are sometimes mistakenly used, exclusively when labeling plants). When only trade names are used, it makes enforcing the patent and trademark harder, so you ideally shouldn't see that often. The easiest way to find out if a plant is patented is to do a google search for that particular cultivar, but here's the list anyway. I will include the plant patent number, the cultivar name, and the patent issue date.

Patented Blueberries
PP23336 'ZF06-079' Jan. 22, 2013 (yes, that's yesterday!)
PP23325 'ZF06-043' Jan. 15, 2013
PP23326 'Ridley 1104' Jan. 15, 2013
PP22757 'C97-41' May. 29, 2012
PP22692 'Southern Splendour' May. 1, 2012
PP22521 'CORABLUE' Feb. 28, 2012
PP22106 'DUP-CDS' Sep. 6, 2011
PP21881 'Hortblue Poppins' Apr. 26, 2011
PP21777 'Huron' Mar. 15, 2011
PP21761 'Sunset Blue' Mar. 8, 2011
PP21735 'Ocean Blue' Mar. 1, 2011
PP21736 'Blue Moon' Mar. 1, 2011
PP21721 'F126' Feb. 22, 2011
PP21720 'Sky Blue' Feb. 22, 2011
PP21719 'FL02-40' Feb. 22, 2011
PP21553 'FL01-173' Dec. 7, 2010
PP21554 'FL96-43' Dec. 7, 2010
PP21374 'FL05-627' Oct. 12, 2010
PP21375 'FL05-107' Oct. 12, 2010
PP21376 'FL04-235' Oct. 12, 2010
PP21377 'FL03-291' Oct. 12, 2010
PP21222 'TH-682' Aug. 24, 2010
PP21180 'Sevilla' Aug. 3, 2010
PP21181 'Azulema' Aug. 3, 2010
PP21182 'Alba' Aug. 3, 2010
PP21167 'Suziblue' Jul. 20, 2010
PP21153 'Corona' Jul. 13, 2010
PP21072 'Lucero' Jun. 22, 2010
PP20829 'Dolores' Mar. 16, 2010
PP20830 'Altair' Mar. 16, 2010
PP20818 'Lucia' Mar. 9, 2010
PP20807 'Celeste' Mar. 2, 2010
PP20806 'Magna' Mar. 2, 2010
PP20695 'C99-42' Feb. 2, 2010
PP20642 'C97-390' Jan. 12, 2010
PP20515 'Centra Blue' Dec. 1, 2009
PP20488 'DrisBlueTwo' Nov. 17, 2009
PP20449 'DrisBlueOne' Nov. 3, 2009
PP20436 'DrisBlueThree' Oct. 20, 2009
PP20365 'Carmen' Sep. 29, 2009
PP20373 'Romero' Sep. 29, 2009
PP20374 'Rocio' Sep. 29, 2009
PP20181 'Primadonna' Jul. 21, 2009
PP20027 'Sweetcrisp' May. 26, 2009
PP19990 'New Hanover' May. 12, 2009
PP19903 'Carteret' Apr. 14, 2009
PP19756 'Robeson' Feb. 24, 2009
PP19764 'Beaufort' Feb. 24, 2009
PP19503 'Snowchaser' Nov. 25, 2008
PP19381 'FLX-2' Oct. 28, 2008

This post was edited by brandon7 on Wed, Jan 23, 13 at 19:29

    Bookmark   January 23, 2013 at 7:27PM
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Thanks for the replies. Hmmmm. So is there a way to tell from the plant listing on a website? I noticed some have a TM sign after the name of the variety and I assume that means that would be a no-no to propagate. The varieties we are mostly interested in are Chandler and Patriot (for bigger snack berries) and Rubel for smaller berries in pancakes, muffins etc. These are varieties I know have been grown in the area successfully in production settings. I really wanted to be safe and choose ones I knew were ok to propagate but maybe it won't be as easy as I hoped.

    Bookmark   January 23, 2013 at 7:45PM
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brandon7 TN_zone(7)

Start by determining the correct cultivar name. Usually (when it's written correctly) the cultivar name is in single quotation marks. If the name has a TM sign, then it's not the cultivar name because cultivar names cannot be trademarked. It's not a bad idea to get at least a couple of sources, because some may not be reliable (like they may put single quote marks around the trade name, which they shouldn't).

Next, google "cultivar name" plus the word patent. Of course, use the cultivar name and not the words cultivar name. Take a look at a few of the results and you can usually tell if the word patent is associated with the cultivar you are researching (as opposed to another item on a list, etc).

I hope I explained that well/completely. If not, please ask.

A trademark is completely different than a plant patent. A plant patent makes it illegal to asexually propagate a plant for any reason without the permission of the patent holder. A trademark just prevents you from using the name to sell the plant without permission. A non-patented plant with a trademarked name can be legally propagated without limits or exception (sidenote: I am not taking into account variety protection or gene patents, which almost certainly wouldn't apply in this case). But, you could not use the trademarked name (trade name) to sell the plants you made unless you were working with the trademark holder. You would be free to sell/advertise the asexually propagated, non-patented plant, with a trademark name, using it's proper cultivar name.

'Chandler' is a valid cultivar name. The plant is not patented.

'Patriot' is also a valid cultivar name. It's not patented.

    Bookmark   January 23, 2013 at 8:34PM
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brandon7 TN_zone(7)


Forgot 'Rubel'. It's a valid cultivar name and the cultivar is not patented.

    Bookmark   January 23, 2013 at 8:52PM
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Thank you so much for that info, that really helps me to know how to proceed with a little more confidence at being able to look them up to the best of my ability.:)

I can't wait to get my planting bed ready and order some plants. I have had great success with planting them in large pots, with a 3 equal parts of peat moss, potting soil, and bark mulch and a sprinkling of organic soil acidifier. Hope it works in the garden setting too.

    Bookmark   January 24, 2013 at 3:18AM
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brandon7 TN_zone(7)

The best soil for blueberries is something that the Fruit peeps have covered, and covered pretty well. I will link search results below that cover this topic. I think it's easier to read the posts than to try to rehash it here, but I will just say that you need to consider where you are, what type of soil you have, and what types of blueberries you are going to grow (highbush are much more finicky about soil than rabbiteyes). Also think about the facts that you really need to amend the ENTIRE potential root system area IF you are going to amend, and that amendment is not always required/the best thing (depending on the specifics location, soil, type of blueberry, etc). Amendment is most often detrimental to drainage, but may be beneficial for other aspects (pH, etc).

Here is a link that might be useful: Posts about Soil for Blueberries

    Bookmark   January 24, 2013 at 10:48AM
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Does anyone know where I can get some rooted cuttings inexpensively? I thought it would be good to have a back-up plan in case mine fail on me the first year? I really want to have some up and coming plants that can get growing this year along with those 10 medium plants we will be getting.

This post was edited by thoughts-from-jules on Sat, Jan 26, 13 at 1:02

    Bookmark   January 24, 2013 at 1:36PM
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ken_adrian Adrian MI cold Z5


you wanted us to ID them ... or alternatives ...

then you wanted us to do a patent search....

now you want us to find them for you...

whats next.. we need to come plant them for you???

you are cracking me up... lol

call your upick guy.. and ask him where he got his plants ... or.. if you give me his phone number.. i can call for you ... lol ...


    Bookmark   January 27, 2013 at 10:45AM
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Sorry, I guess I am too needy. I was just curious if anyone knew of a good place to get the smaller starts (figured it would be a lesser known nursery that you all might have insight to.) I had no idea what was involved with finding out if they were patented (or ok to propagate) I guess you could say I didn't know what I was asking. I thought maybe others in this forum had the same situation and some were already knowledgeable about the varieties that were ok to propagate. I didn't know I was asking for too much.:( I was just trying to be careful not to break the law and respect the hard work of those that bred/patented those varieties. I am glad people responded though because I learned a lot and I appreciate the info.

    Bookmark   January 27, 2013 at 12:38PM
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brandon7 TN_zone(7)

Ken's just being grouchy. I think he's been cooped up inside for too long and suffering from winteritis. He's usually very helpful, and frequently tries to address "newbie" issues.

I'm very happy to be able to answer questions like yours. You might be surprised how many others probably have the same questions (or similar) but don't ask.

I'm not sure where to suggest for getting limited numbers of small starts (liners). Some of the suppliers I know can supply large quantities, but don't sell in small (homeowner) amounts. The companies that sell in small quantities usually supply only larger (2 or 3 year old) plants. If you want, you can go through some of the suppliers on my Sources for Fruit Trees and Plants list to see if you can find something. There are quite a few blueberry suppliers on there. The ones in the first list are probably safe to buy from. The ones at the list on the bottom of the page should probably be avoided.

Here is a link that might be useful: Sources for Fruit Trees and Plants

    Bookmark   January 27, 2013 at 6:52PM
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soaht(Central CA 9B)

check these site out they have liners and 1 year old rooted cuttings
but I think they only have southern bush

for cheap 2 year old plant try

hope this helps you a little

    Bookmark   February 2, 2013 at 8:14PM
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