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Crossing With Patent Rose

Posted by midnightgardener 9 (My Page) on
Tue, Feb 17, 09 at 20:26

If you cross one patent rose with another is the resulting rose eligible to be sold or do the patents from the original rose flow to the new rose? What if just one of the roses has a patent on it?


Follow-Up Postings:

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RE: Crossing With Patent Rose

Hi midnightgardener,

Yes you can sell a rose that you create by crossing one patent rose to another, and the patents do not pass onto the new rose even if one of the roses you use has a patent, it does not matter.


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RE: Crossing With Patent Rose

Patents on roses do NOT prohibit people from using them for breeding. Patents only prohibit people making copies of the patented variety by asexual means. You are free to cross any rose with any other rose, regardless of its patent status and you can do whatever you like with the seedlings you develop.


 
 

 

 


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