Is Ingrid Bergman Off Patent yet?

mike_in_new_orleans(9a/ coastal LA)June 4, 2006

I'm a bit confused about verifying patent expiration. I would like to find someone with Ingrid Bergman willing to exchange cuttings, but I can't figure out the patent. I believe patents are supposed to last 17 years for plants, but 17 years from what date? IB was marketed in 1984, but the Helpmefind website lists a patent number as having been granted 8/30/1988. Still another site on US patents lists a different patent # granted to Jackson & Perksins on 10/24/2003. Can this be? What gives? How could they take out a patent so long after market introduction? It doesn't make sense. Can someone tell me conclusively that the patent has expired and how to confirm this?

And oh yeah, does anyone have IB for cuttings exchange?

Mike Anders

New Orleans

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rosyone(z8 north Louisiana)

As I understand it, a patent issued prior to the change in the laws in the mid 90s is good for 17 years from the date of issue. Patents issued since then are good for 20 years from the date of the application. Ingrid Bergman's patent expired in '05, and the breeder, Poulsen Roser, immediately obtained a trade mark on the name. A trade mark protects only the name itself in commerce, though, and isn't a legal impediment to propagation. You just can't market the rose under the name it's best known by without their permission.

No need to worry about the J&P rose. It's a completely different plant with the varietal name, JACtanre, and the patent search engine brings up its record only because Ingrid Bergman is listed among its ancestors in the botanical description.

    Bookmark   June 4, 2006 at 7:56PM
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mike_in_new_orleans(9a/ coastal LA)

Thanks for the clarification. I know roses are sometimes marketed with the same name as another, but I doubted that was the case in this instance. Still, I couldn't make sense of what I was reading. My legal-eze reading skills leave something to be desired. :/ The website still looks like Greek to me, so I'm not sure how much use it will be in the future. You answered my question about Ingrid Bergman, though. Thanks again.

Does anyone know exactly what year the update in the patent law to 20 years took effect?
Mike

    Bookmark   June 6, 2006 at 8:01AM
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Fantin_Latour(z7 OR)

I believe it is 1994. Could be wrong. Several years ago there were some very informative posts in regard to checking on patents. I didn't save them and wish I had. I've found the government website to be inconsistent in the way it responds to entering the patent # etc.

    Bookmark   June 11, 2006 at 8:44AM
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