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Are roses grown from seeds ever still consitered patented??

Posted by gr8heather none (My Page) on
Sat, Jan 19, 13 at 1:21

They are your own if grown from seed, correct?


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RE: Are roses grown from seeds ever still consitered patented??

Correct. There is only one way for a seedling you've raised to NOT be "yours". The "blue gene" they created to make the rose "Applause", "blue", is patented. If you raise a seedling using that rose, and your seedling carries that gene, you have infringed upon their patent and can be sued. Otherwise, it makes no difference whether seeds you plant come from patented roses or not. The seedlings you raise are yours as they are genetically different from the patented parent, as much so as you and any siblings are from your parents. The patents on your patented roses state "asexual reproduction prohibited", meaning you may not root, bud nor graft them. You can't make a copy of the patented plant in any way as that is "asexual reproduction". Raising seedlings from it would be sexual reproduction. Kim


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