How to know if my Raspberry is PATENTED?

jolj(7b/8a)March 27, 2011

A man gave a raspberry to a Nurserymen, because it grows good in the south. The Nurseryman gave a plant to me. The Nurseryman retired & closed his Nursery.

I planted my raspberry, but did not tie the canes up(it grows like a dew berry) & they ALL rooted on the tips. This has went on for 4 years, & I am up to my neck in raspberries.

How am I to know or find out if this Plant is under a patented?

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albert_135(Sunset 2 or 3)

If you look our your window and see a group similar to...

then you will know that you have propagated a patented plant. It is a federal no,no. Bad.

    Bookmark   March 28, 2011 at 2:21PM
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When they get here, they can have the plants.
I did not propagate them they grew wild, with out fertilizer. weeding, mulch or pruning.
How can I be propagating something I ignore?

    Bookmark   March 28, 2011 at 9:02PM
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brandon7 TN_zone(7)

Unless the nurseryman gave you the proper cultivar name for the plant, there's no practical way for you to know whether or not it's patented. If you were given the name, you could do a search on one of the patent websites like PatentGenius.

If you don't plan on selling the plant, you probably don't really need to worry about it anyway. It is technically illegal for you to purposely propagate the plant, but allowing it to resprout from the tips that touch the ground DOES NOT count as propagating unless you remove AND replant or sell the new plants. Even if you gave a few divisions away to friends (which would be illegal), I'd guess that the chances of it ever causing you problems are very slim. If you have a nursery license and are thinking of selling the plant commercially or are considering developing it as a registered cultivar, you'll need to take steps/research to the best of your ability to ensure that your plant is not one of the patented cultivars.

    Bookmark   March 29, 2011 at 3:50AM
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