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what happens when propagating a patented tree
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Posted by whodaz (My Page) on Sun, Nov 1, 09 at 21:17
Hello there,
I wanted to know if I purchase a tree from a Garden Center and I propagate it multiple times and have it planted in my yard but the tree has been patented.. what will happen? or you get in trouble when you propagate these trees for commercial purposed? |
Follow-Up Postings:
RE: what happens when propagating a patented tree
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| Propagation of a patented plant for your own use (in your yard) no legal problem BUT if propagated for comercial purposes then there could be legal pproblems |
RE: what happens when propagating a patented tree
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| You should not consider making money by selling another persons work without paying for it. I appreciate that it could take 25 years of work to produce a new plant worthy of a patent, and I would like to see that person paid for his work. If however you buy one plant and through your efforts make it into a hedge on your property, you are not making money, only saving your own. Al |
RE: what happens when propagating a patented tree
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| I'm hosting a scionwood exchange in the spring. Where can I find a list of patented fruit trees? I'd like to keep people from exchanging patented material. Thanks,
Little John |
RE: what happens when propagating a patented tree
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| Im only propagating one tree that I paid for from the Garden Center.. I want to propagate the root-cuttings since its really easy, I would like to have 10 or 15 trees but I don't want to have legal problems in the future. |
RE: what happens when propagating a patented tree
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| If you google the plant name you can usually find the origin of the plant or cultivar and the date of patent if within the last 20 years. Most plants being sold at garden centers are no longer covered with a patent. Al |
RE: what happens when propagating a patented tree
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| Al, I have to sort of disagree with that comment. MANY plants sold today are under patent. With so many new introduction on the market in this day and age, it's almost rare to find one that isn't! Patented plants will be clearly labeled and the patent number in plain sight. And ANY plant that is still under patent cannot legally be propagated in any way (in any vegetative way) by anyone, anywhere. That means you and me, whether we are selling it or not. Plant patents last about 20 years, I think. Plant TRADEMARKS are different. Trademarks are simply a registration of a specific name. By the way, patented plants, which are all reproduced vegetatively, CAN be legally propagated via their seed. |
RE: what happens when propagating a patented tree
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Wed, Nov 4, 09 at 16:53
| "Propagation of a patented plant for your own use (in your yard) no legal problem BUT if propagated for comercial (sp) purposes then there could be legal pproblems (sp)." - Yiorges That is absolutely and completely wrong and legally incorrect! "If however you buy one plant and through (illegal propagation) make it into a hedge on your property, you are not making money, only saving your own." - Al Think of it this way, by propagating multiple plants (that you could potentially purchase legally) from a single plant, you are potentially depriving the owner of the plant patent from their legally due proceeds. This would put you in legal jeopardy with the owner of the plant patent. As usual, Rhizo is exactly correct |
Here is a link that might be useful: Plant Patents
RE: what happens when propagating a patented tree
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| I guess I should have said it differently. If you are buying newly released plants they may well be patented. Measured in quantity of plants sold today in nurseries for use in the landscape, I do think these most popular plants are beyond their patent life. If I want a plant enough to pay for it, I don't mind paying the patented price, and would hope that would satisfy the patent holder. I am sorry but I do not make a practice of buying more than one plant of a type. If in my garden the plant proves its worth and would make a better statement if more of the same were added, I will still add more of my own productions. I am sorry if that is offensive to others. Al |
RE: what happens when propagating a patented tree
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Mon, Nov 9, 09 at 15:05
| I guess the only people that it would likely offend is plant patent holders, however, it is illegal and therefore akin to shoplifting extra stuff at the store while shopping for the things that you actually pay for. If you can justify it in your own mind, that's up to you. Maybe those that admit to doing it are somewhat more honest than those that do it but don't admit it. It's all personal morality/ethics unless you get caught. Legally though, there is no difference in propagating patented plants for personal use versus doing so for commercial sale. |
RE: what happens when propagating a patented tree
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| So when my Xenox Sedum outgrows its spot, or I decide to move it, if I divide it, I should just throw away anything that is left over after planting one division of it in in one spot? hmmm...guess I'll be composting some Xenox next year then. Sue |
RE: what happens when propagating a patented tree
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| Thats a good point chemocurl,I would imagine in the courts eyes bending the law is no good... I would like to find the persons name that holds the patent on xenox sedum and ask him or her that very ? how many times have we all divided our hostas or bulbs or rhizomes because of overcrowding(many)and how many times have we composted the extra(me never) I would love to get the patent holders view on this....If he or she hasnt already sold the patent to corporate....I wonder if there are any patent holders on garden web....My belief is that everyone on garden web is guilty.......................of just loving to grow things and sharing with friends...... |
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