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Patent expiration ???

Posted by g-in-fl 9a Florida (My Page) on
Wed, Sep 5, 12 at 12:44

How long does a patent on a rose last? Belinda's Dream was bred by Dr. Basye in 1988., so that's 24 years.
How much longer do I need to wait to legally make cuttings?


Follow-Up Postings:

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RE: Patent expiration ???

Newer patents run 21 years. If you either Google the rose name or check on Help Me Find, you can determine IF the rose was ever patented. Per Belinda's Dream page on HMF, it wasn't patented, therefore you are open to propagate it whenever you wish. Kim

Here is a link that might be useful: Belinda's Dream


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RE: Patent expiration ???

I use Google Patents to search for patent dates on roses. Search on the rose's registered name (usually a code name that begins with the breeder's three letter prefix. You can get this in the rose description on HMF.) and you will get a summary of the actual patent ... if there is one. According to the US Patent Office, plant patents run for 20 years from the date of application. Many roses were never patented, so are pretty much fair game to propagate no matter how old they are.

To get around the limitation on patent protection, some rose breeders are protecting their intellectual property by trademarking the name of the rose. Once the patent expires, it is legal to propagate, but the rose cannot be referenced except by the official name. This is why Austin roses, in particular, are listed in nursery catalogs as AUSblush (Heritage) or AUSmary (Mary Rose).


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RE: Patent expiration ???

Wow, what cool information. Thank you both so much.


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