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plant patent vs utility patent - daylilies ??

Posted by sharrison Louisiana (My Page) on
Sun, Jul 14, 02 at 14:32

I am interested in starting a hobby daylily breeding project. My question is whether or not daylilies are protected by utility patents (that prevent use a parents in hybridization) or just by plant patents that prevent asexual propagation for sale.

thanks for any help

Follow-Up Postings:

RE: plant patent vs utility patent - daylilies ??

Most daylilies are not patented. There are a few that are protected by plant patents that prevent asexual propagation. I am not familiar with utility patents and have never heard the term used in connection with daylilies.

RE: plant patent vs utility patent - daylilies ??

Look to see if there is a plant patent number P.P. or if there is some clue to a utility patent. For instance on the My Favorite series of chrysanthemums in the teal pots that came out there is information on the tag about patent applied for and sexual and asexual propagation is prohibited. The breeder applied for both a plant patent (because it is faster and the plants are protected to sell) and a utility patent that is taking longer to go through the chain of events to protect him for having a competitor from taking these novel mums and in just one generation get a mimic cultivar. Utility patents are so expensive and challenging that most breeders just get plant patents, but there is a trend for more and more utility patents, especially by large propagators that want to secure a part of the market for a group of plants having a novel trait.


RE: plant patent vs utility patent - daylilies ??

mums and hostas are among the plants that are most commonly pantented and, according to a friend who's into hostas with more than 300 varieties - it's a wink-your-head joke.
he pays $100 or more for a small seedling and dutifully agrees to not reproduce the plant ----- yeah, right!!!!!
i like daylilies and there is little of the hypocracy. you buy it and you do what you want with it.

RE: plant patent vs utility patent - daylilies ??

Tim: I'm also considering dabbling in Daylilies. Assuming I have created something worthy - I understand the registration process but then what? I could grow and sell my own or contract with a grower but is that the extent of the income stream unless I go for a plant patent?

Thanks, Gaye

RE: plant patent vs utility patent - daylilies ??

The real money comes from patenting and selling the patent outright or contracting with a large grower and recieve agreed upon royalty for each plant propagated.

Most small time folk would probably opt for the outright sale of the patent because tracking production could be daunting.


RE: plant patent -

Plant Patenting is not that expensive ($1,800 to $2,500 per cultivar). What is very, very expensive is enforcing the patent. This can cost from a few hundred thousand dollars to several millions. The only alternative for a small grower or hibrydizer is to look for an Insurance company that will ensure his/her patent. Royalties sounds nice but are very difficult to control and big Nursery growers will only pay a ridiculus small amount for royalties. If you are lucky.


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