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

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

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

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.

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

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.

"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

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

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.

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

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......

I personally think there's a difference (not legally, but sort of ethically) in dividing because you need to do so and purposely trying to propagate the plants to avoid having to buy more or to supply your friends....It's like running a stop-sign in the middle of the desert.

If you want to make sure you are covered, contact the owner of the patent. 90% of plant patent holders would be glad to give you permission to grow your increase for your own personal use. Most of the other 10% would only be concerned about opening up a "can of worms".

Practically the patent law is unenforceable unless you are doing this commercially. A patent is a license to sue. No one expects you to have multi-year old receipts for plants used in your landscape, so the onus is on them to show that you have more plants than you bought.

Even commercially it's difficult to enforce plant patents, unless they catch you actually propagating.

In Canada many plants are licensed under COPF. If you want to produce a plant commercially, you fill out some paperwork. While some of this paperwork gives COPF people the right to inspect your premises, almost all of the provisions are for self reporting either annually or quarterly.

The fees are small enough, that it's not worth fighting about it. When I order plants the royalty is invoiced separately and is typically 10 to 50 cents epr plant.

all very interesting information and opinions