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thepatriot_gw

nonpatented roses

ThePatriot
18 years ago

I want to purchase several miniature roses, but I only want nonpatented varieties. I've looked at many different catalogs and websites, and most of their roses are patented. Some even list roses that are more than 17 years old as still being patented.

Where can I find a good selection of nonpatented miniature roses at reasonable prices?

Comments (25)

  • helmut_ii
    18 years ago

    Try Uncommon Rose.
    Helmut

    Here is a link that might be useful: Uncommon Rose

  • User
    18 years ago

    One can assume that you are requesting only non-patented varieties because you intend on propagating them without paying royalties. I don't think this requires further comment; it speaks for itself.

  • ThePatriot
    Original Author
    18 years ago

    Yes I do intend on propagating them. Welcome to America, capitalism, and free enterprise.

    I am breaking no laws. I am merely doing what every other plant nursery in this country is doing, and has been doing for centuries.

    Have a nice day.

  • User
    18 years ago

    Suddenly I realize who I'm talking to.

  • ThePatriot
    Original Author
    18 years ago

    You're talking to yourself from this point on.

  • helmut_ii
    18 years ago

    Am I missing something? Is there anything wrong with propagating non-patented roses?
    It is just a hobby, but I like to proagate some of my favorite non-patented roses?
    Helmut

  • weldontx
    18 years ago

    Go for it Patriot!! I agree, Helmut, there is great pleasure in the "process" of propogating. The one's that I give away are to friends and family who would NOT purchase these roses anyway. "I think they take them to placate me!"
    and I'm having a ball.
    Weldon

  • cloudia
    18 years ago

    Now I'm really confused. I thought if the patent had expired it was perfectly legal and moral to propagate a rose for sale?

    Also, correct me if I'm wrong, but if you propagate for your own use that's OK, even if a rose is in patent.

    I'm not planning to go into business or anything, that was just my understanding of the patent laws. I didn't get the impression anyone was trying to steal.

  • helmut_ii
    18 years ago

    It is my understanding that it is not legal in the U.S. to proagate a patented rose for any purpose without the consent of the patent holder. I did run across a ninety year old grandmother that had propagated a cutting from a patented rose to give to her granddaughter. I doubt if the patent police would bother with her.
    Helmut

  • ondrea_carina_leaf
    18 years ago

    sheeeeesh! I agree with Weldon It is a joy to propagate roses and share them. I would check inventories of places like A.R.E that does not particularly sell patented roses. I don't know about
    UnCommon Roses and/or Chamblees (they do sell some patented) would be a good source. It won't be hard to figure out the 'forbidden' roses. There are plenty of roses that aren't tied up by royalties.

    http://www.antiqueroseemporium.com/rose-2211.html
    Do you have Rise'N SHine or Scarlet Moss?

    We could make a list here and then we would all be safe.

  • ondrea_carina_leaf
    18 years ago

    HELPMEFIND Roses has almost every rose listed. What's good about this site is that it also tell you when the patent exspired. Some places don't mention that informtion.

    After you check out the name you can also find a source to purchase it.

    Here is a link that might be useful: Help me find

  • jont1
    18 years ago

    I propagate non-patented roses for my own use for the fun of it and don't think it hurts anyone. I have propagated a couple of patented roses for my own use but I did get the OK from the man who hybridized them just to keep things on the up and up. I did it to see if I could get a more vigorous plant than what I had purchased. I loved the flowers but the bushes just wouldn't grow well and I thought it could be the rootstock it was budded to.
    JOhn

  • kathy9norcal
    18 years ago

    Sorta like sex and politics. Discussion of patented roses or propagation always brings up stinging comments and anger. Ouch!
    Kathy

  • farmgirl
    18 years ago

    Two of the best sources for older roses are Sequoia Nursery and Vintage Gardens. Some of their roses are available nowhere else. I look at obtaining older and/or obscure roses as a way of making sure they don't slip into extinction. This line of logic proved itself out when both Mr. Moore and Mr. Sean McCann were searching for their 'lost' miniatures. I was able to return many and, as Martha would say, that was a Good Thing.

    Here is a link that might be useful: Sequoia Nursery

  • ThePatriot
    Original Author
    18 years ago

    Thanks for all the responses. I found what I'm looking for.

    No one mentioned http://www.heirloomroses.com or http://noreast-miniroses.com

    These are both outstanding nurseries. Heirloom Roses grows all of their plants on their own roots, even the hybrid teas.

  • User
    18 years ago

    Nobody mentioned Heirloom because you specifically requested "reasonable prices", and Heirloom is known to be one of the most expensive retailers out there. They often deliver the smallest plant for the biggest price. If thats what you want, then great, but I don't think they are the best for price.

  • oldroser
    18 years ago

    It's perfectly legal to propagate nonpatented roses and also roses whose patent has expired. And there are some nice ones out there that are up for grabs, Starina being only one.
    It is not legal to propagate a rose which has a current patent, even for one's own use. A lot of people do it but that doesn't make it legal. The patent police are unlikely to pursue someone who is not blatantly in the rose business.
    NorEast sells mostly patented roses and their prices are at market levels. I would agree that Heirloom is generally expensive.

  • ThePatriot
    Original Author
    18 years ago

    It's odd that you say Heirloom Roses is expensive, because of the dozen or so catalogs I looked through Heirloom Roses actually had the cheapest prices. The most expensive I found was Witherspoon Roses. Witherspoon is a good $5 higher than everyone else.

    No matter. This is just to get me started. I only need to buy from them one time. Once I propogate them I will be supplying my own plants, and I will be able to offer lower prices than ANY nursery I know of.

  • BeeVee
    18 years ago

    Most nurseries do propagate their own roses when the patent has expired. Thank God for this, since I can get a Talisman among others.

    Patriot, if you are going to start a mail ordering nursery at better prices, go for it. Some prices out there for small bands are a bit unreasonable. I am always looking for good prices to buy a lot more quantity.

    Keep us posted!

  • petalsofyesterday
    18 years ago

    The original poster stated: "Some even list roses that are more than 17 years old as still being patented."

    Don't rose patents last for twenty years?

  • diggerdave
    18 years ago

    You are correct petalsofyesterday.

    Per 35 U.S.C. 163, "A plant patent issuing from an application filed after June 7, 1995 has
    a term which expires 20 years after the filing date of the application, or any earlier filing
    date claimed under 35 U.S.C. 120, 121 365(c)."

    The entire document is linked below. I am not aware of any changes. Any corrections would be welcome.

    Here is a link that might be useful: Patent Office link

  • diggerdave
    18 years ago

    Don't forget that trademarks can be extended indefinitely. You won't be able to legally sell say, Starina, under that name if the trademark has been renewed (I think it has been) even though the patent expired several years ago.

  • ThePatriot
    Original Author
    18 years ago

    BeeVee: At first I will only be selling locally at farmer's markets, flea marets, and anywhere else I can find people who want to buy roses. If all goes well, later I will hire someone to design a cool website for me so I can start doing mail order.

    As for the trademarked names, I am aware of this issue and I think it's a stupid law, but I will obey it. It's quite pointless to give genetically identical plants different names. All it does is mislead the buyer who doesn't care what a plant's name is. All the buyer cares about is getting that plant.

  • drasaid
    18 years ago

    It was New Dawn. Beautiful, beautiful New Dawn.
    The first rose patented! I was so proud to make those cuttings take!
    If it was a fair world nurseries would be charging more for the plants that are really hard to propagate! Some stuff is practically deathless and other things (the Macartny dark pink hybrid tea comes to mind) are dang near impossible to root.

  • rommy
    18 years ago

    Quick question? Didn't someone have to propagate a rose to even start the whole patent process with this species? I do believe the answer would be "Yes!"..lol. If the plants are no longer pateneted I say go for it! Best of luck to you!

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