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flowersnhens

list of hydrangeas that are not patented

flowersnhens
14 years ago

Hi there everyone: Is there anyone who would happen to have or know where to find a list of hydrangeas that are not patented. I am looking for hydrangeas I can propagate legally and sell if that is possible. Is there such a hydrangea??? I am assuming as long as the patent has run out, it is okay to do this.

Any comments on this are greatly appreciated.

Thanks, Flowersnhens

Comments (8)

  • gardengal48 (PNW Z8/9)
    14 years ago

    Lots easier to provide a list of those that ARE patented :-) It's shorter! Remember that many patented plants are not sold under their patent name but rather under a trademarked name, which is usually quite different. The patent name will be contained in single quotes like any other cultivar but a trademarked name will not be. And trademarks have a longer lifespan than a patent - indefinitely for a trademark but only 20 years for a patent (17 years if before 1995). So even if the patent has expired, you cannot legally call any plants you propagate by their trademarked name. No trademark, you're OK. (i.e. 'Lemon Daddy'...although still under patent)

    You'll have to do some research to find trademarked names for many of these. If you can't find a trademark name and the patent name is wierd or a number, chances are good the plant has not been marketed yet.

    Reading this over it, sounds unnecessarily confusing....does any of this make sense?

    Here is a link that might be useful: patented hydrangeas

  • ego45
    14 years ago

    '...does any of this make sense?'

    Yes, at least to me :-))
    Question, while asexual propagation of a patented plant is prohibited, could be plants grown from the seeds of the patented cultivar be sold under the same name?

    Not that I'm trying to go into business of growing hydrangeas from seeds, but just out of curiosity...

    ...and by the way in one particular, shady and wet location, my 'Limelight' seeds like crazy :-))

  • gardengal48 (PNW Z8/9)
    14 years ago

    That's a good question, George, and I'm not sure I know the answer :-) What I do know is that few named forms of any plant come true from seed or are identical to the parent. And generally when the seed is sold commercially, it is sold as a "seed strain" rather than by the specific cultivar name for that reason. But I am more familiar with this with respect to perennials. Not too many woody plants seem to be started from seed unless by hobby gardeners just for the heck of it -- takes too long to get to a salable size.

  • Lauren Davis
    4 years ago

    Jeff, where did you find this list?

  • Tim Wood
    4 years ago

    If you go to HydrangeasPlus https://www.hydrangeasplus.com/category-s/110.htm most all the Hydrangeas they sell are non-patented varieties. The few patented plants they sell have a (TM) or (R) behind the name. They are a good company that sells true to name plants which is hard to find.

  • oohla
    3 years ago

    mikes backyard nursery has a list in one of his blogs. it might be the same as the one above.
    thanks for the list that is here. it certainly has helped me.

  • HU-853976570
    last year

    This should be updated. As far as records show, Limelight hydrangea is now public domain. The patent expired in April 2021. However, I could not find if the trademark was registered at all and "live"... the USPTO Trademark search (TESS) isn't returning anything specifically for Limelight (Zwijnenberg).


    There are other cultivars that are named similarly (e. g. "Limelight Prime") and they're still patent protected and live registered trademark as of this posting.