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Propagate and Sell Registered AVs?

Posted by mojosavage TN (My Page) on
Sat, Nov 28, 09 at 22:42

I am getting into propagating and growing AVs and was glad to find this forum.

If a particular hybrid is registered, is that the same as patented? I see other people selling them (other than the hybridizer) and just wanted to make sure I wasn't breaking any rules.

Can I propagate and sell these registered plants and if so is there some disclaimer I must provide with the sale.

Thanks!


Follow-Up Postings:

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RE: Propagate and Sell Registered AVs?

The only plants I know of that were patented were the Optimaras and the Rhapsodies.

Many years ago a person selling plants had to pay about 3 cents per tag to Optimara in order to sell these hybrids.

When a lady from Optimara came onto a forum I happened to be on, she said the patents apply only to those people who make a living selling plants. Individuals who enjoy spreading the leaves or plants or selling them was all right.

Now, the patents on most if not all the Optimaras and the Rhapsodies has grown out. No patents apply. You can feel safe and honest when selling these hybrids.

Nancy


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RE: Propagate and Sell Registered AVs?

Nancy,
I was absolutely DELIGHTED to see you posting again. There's not a week that goes by that I don't reference your book.

Welcome Back!

A few weeks ago, someone mentioned that I might want to check the patent rights on the Optimara Space Babies...and inferred that I *might* be in violation if I was sharing 75 of these plants at a local plant sale.

I wasn't able to find anything conclusive to support or deny that suggestion.

Any thoughts?

Dora


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RE: Propagate and Sell Registered AVs?

A patented plant of any type has to have a registered name first. Then this registerd name can get a patented number. The Pattend plant can be replicated by any manner anytime after 10 years of its patern recieving date by anyone. Nobody is allowed to change its registerd name at anytime. ( not a clue to what happens to "a sport of" in type plant)

Patten laws (laws are not rules) protect the newer registerd plants as a fairness to it's original hybridizer and allows them to make a fair profit from there product

In a nut shell if your AV is over 10 years old in patend receiving date then have a good time propergating them and selling them as the same reg name AV

However there are folks out there who know this law too and will as Dora said " protest "

Dora: If someone tells you you might be in "violation" it is your obligation to provide them any and all proff needed stating your not in "violation" You can and should print the patten laws for anyone to read off the offical pattern laws sight, dont worry the protester has there glasses lol
Yes sharing, giving away, selling even propergating is a violation of patern rights for 10 years. Include the link on your printings Gooogle the plants in question

Example: You would need 76+ print outs for the 75 Optimara Space Babies you where "sharing" because each person who took one needs that printout for there protection as well. The last ones are yours to show those who wish to protest or other officals. The extra copies protect you as you where at a show. Even a certified/licenced dealer would need these print outs if they where present at the event as the licence only covers one address usually visable at any garden center in a framed document as it is here it's the law.



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RE: Propagate and Sell Registered AVs?

There seems to be a great deal of confusion regarding plant patents on AVs. As Nancy has said, these are mostly Holtkamp varieties - Optimara and Rhapsodie. US patent law prohibits asexual propagation (cuttings, leaves, etc.), sale, or use by *anyone* as long as the plant is under patent protection. What a former Optimara employee had to say about this does not change US law. It may or may not accurately reflect Optimara's future policy whether or not to prosecute amateurs who illegally propagate their plants. In any case, propagating patented plants without license to do so is a form of stealing, just like making a pirate copy of a CD. For myself, I choose not to do this out of respect for hybridizers who sell patented plants for a living.

A plant patent currently lasts 20 years (not 10) from the date of the patent application. Most Optimaras and Rhapsodies either were never patented or patents have expired. This can be easily checked by going to Google patent search. Type "African violet plant EverGrace" - or whatever the name is. Don't type Rhapsodie or Optimara as part of the name. This is a trademark and not part of the patented name of the plant. You will see that the patent application for EverGrace (and many other space babies - search by individual name) was filed in 2002. Therefore, EverGrace will be under patent protection until 2022.

Read about plant patents here:

http://www.uspto.gov/web/offices/pac/plant/

Here is a link that might be useful: Google Patent Search


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RE: Propagate and Sell Registered AVs?

Way to cool thank you for the links You said it like a pro I have other plant tags that indicate ten yrs for asexual division that's where I was wrong :( Your right even the tags cant give me permission to break the laws ! My error on the numbers I will save them links.
People Helping People
Wes


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RE: Propagate and Sell Registered AVs?

Wes -

I'm glad you found the links helpful. I hope people check the patents and propagate the many Rhapsodies and Optimaras that are in the public domain. They are great plants. It is hard to get one with an accurate name tag. Confusion over patents is probably one reason they are hard to find.

QC


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RE: Propagate and Sell Registered AVs?

If you have Optimaras you can also check their website to find when the plant was registered and whether or not it was patented. As far as I can tell Optimara doesn't patent many of their plants.

Here is a link that might be useful: Optimara's Website


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RE: Propagate and Sell Registered AVs?

On the optimara site there are new varieties that say patent number: and its blank....does this mean there is no patent?


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RE: Propagate and Sell Registered AVs?

who knows - patent can be pending- or they decided not to patent these varieties...


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RE: Propagate and Sell Registered AVs?

I just want to clarify... A named and registered variety is not necessarily a patented variety. Correct?


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RE: Propagate and Sell Registered AVs?

Correct.


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RE: Propagate and Sell Registered AVs?

Meg,
A plant is named by its hybridizer and it is registered with the African Violet Society of America. A plant is registered, mainly, to be eligible to compete in its class at African Violet Society shows and those of their affiliates, although there are other reasons for registering violets. Neither naming nor registering has anything to do with the patent process.

Linda


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RE: Propagate and Sell Registered AVs?

Thanks Linda


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