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Thread: Plant Patent

  1. #9
    rco911's Avatar
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    Dude, Paul James is friqin awesome, LOL. I used to catch a bit of his show now and then. Good stuff.

    Thanks for clarifying. Geez, that is a Joke to me still. What the heck are you going to when you see your "Red Bug" or "Cobras Nest" busting the pot at the seams?!? If it was one's invention, fine. I get it. But these are PLANTS - living things!

    Looks like they'll have to issue propagation licenses after all... geeez.

  2. #10
    Hello, I must be going... Not a Number's Avatar
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    Gimme a break folks. Booman Florals is a wholesale nursery. They sell the plants to their authorized distributors who in turn sell them to retailers who sell to the public or Booman's sells them (at wholesale) directly to the retailers.

    So of course you see them for sale.

    All your non-generic prescription drugs are patented. You don't buy them directly from the pharmaceutical companies do you?

    As far as propagating them you need a license from Booman's to do so. If Joe-garage-tissue-culture starts cloning them and gets caught Joe's gonna get spanked. Propagating by division takes a long time so it isn't really worth their time to worry about.

    Why do you think S. 'Adrian Slack' is so rare? It's been difficult to get this plant into tissue culture.

    Take a look at AgriStarts3 price list and you'll notice many of the plants have a royalty fee listed. That's because AGS3 is licensed to Tissue Culture these plants.

    BTW here's the link to 'Cobra's Nest' USPATOFF entry:

    http://patft.uspto.gov/netacgi/nph-P...&RS=PN/PP12821

    Just use the uspto.gov search engine. Plants are prefixed with PP so search on PP12821
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  3. #11
    Hort. School dropout X 2
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    Awww I see that I stirred up a (tongue in cheek ) cobra's nest.LOL
    Andrew provided me with info on plant patents. Thanx andrew.little did i know this heated debate was goin on over here on T F
    Here is my take( opinion, view) on the subjest If the plant has a printed,authorized patent label on it. IMMSMC the label states that there is a 10.000 fine for propagating that particular plant either sexually or asexually without the written consent of the owner of that patent owner.
    I'll let you know for sure what the words are as a friend os mine who owns a small wholesale nursery, has been granted permission to grow 200 of these plant this yearShe'll get her labels in a day or 2. yes they are being circulated by booman's.( the patent holder)yet some of them are jest being sold with Booman's generirc sarracenia ,pitcher plants labels.
    Talk about muddy waters.LOL
    Lois
    Every seed that you plant ,doesn't sprout.
    Every seed that sprouts, doesn't make it to maturity.
    Every cutting that you stick doesn't grow roots.
    Every cutting that roots doesn't grow to a small plant.
    Every small plant doesn't reach maturity.


    Who needs speelcheck?

  4. #12
    Stay chooned in for more! Clint's Avatar
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    If I buy a plant, I'm going to do whatever the hell I want with it as long as it's not a business. Regardless of the legality, if I pay for a plant and want to sell divisions later on (not talking about countless TC clones here), I'm going to do it. You'd have to be an unimaginable loser or really desperate to sue a hobbyist for something like that (once again, I am NOT talking about tissue culture).

    Unless a plant is genetically engineered, then I don't believe in patents, and even if it is it's still kind of stupid. Breeding alone does not warrant a patent in my opinion. Are farmers going to be sued for not having a license to grow wheat that blew in from a neighboring farm that DID have a license?

  5. #13

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    I agree with you, its ridiculous that you can patent a natural living thing. Though these patents do hold as I am aware of a farmer who got sued and lost for replanting corn from genetically modified plants he had grown legally after purchasing the seed stock. At the same time the drug companies are allowed to patent certain genetic sequences, which makes me wonder, does reproducing violate their patents if you posses a particular sequence?
    "We're terrible animals. I think that the Earth's immune system is trying to get rid of us, as well it should." - Kurt Vonnegut

  6. #14
    Illinois droseraguy's Avatar
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    The plant patent applies mainly to wholesale greenhouses. Take a geranium that is unique for example. My mother plant can produce 20 cuttings each of which will have to have $ .02 royalties paid to the breeder. Multiply that times 200 stock plant and however many wholesale greenhouses and it adds up. Look up Ball Seed and see what they say about royalties.
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  7. #15
    Moderator Schmoderator Fluorescent fluorite, England PlantAKiss's Avatar
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    I knew this topic would end up over here! lol But...its good for discussion.

    I maybe could see where plant patents might come into play with nurseries/businesses. If someone spent years developing a special cultivar to sell through their business exclusively, then I can understand being upset if a competing nursery got it and starting producing them, selling them, too...perhapes making even more than the inventor. Even so...it still doesn't feel right to patent living things.

    How can you tell somebody not to divide or make seed with their own plant?? And what do you do with naturally occuring offspring? Kill them? Plant patents are a very strange thing.

    The rarer plants are...the more desirable. The more desirable, the more lengths someone will go to get it. Hence, one of NASC's long-term goals is to make easily available propagated location plants so there is no need to take from the wild to acquire it.

    And for that matter...suppose someone on their own with their own plants made the same cross as say 'Red Bug' and ended up with that cultivar. Suppose someone was not aware of the patent? It's a slippery slope. Looks like a situation where enforcing the law on these patents would be inequitably applied.

    I also think it sucks to sell someone plants for a store and NOT make it clear its patented and can't be sold when they KNOW its going to another nursery.
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  8. #16
    Hort. School dropout X 2
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    In the article that Andrew sent me from the HGTV website. it specifically says there are no plant police out there but some nurserymen and trade organizations are always on the lookout for patent in fringement.


    so A word to the wise should be sufficient.
    I always tell my trading buddies if a plant is patented. and let them make up their own mind.
    Lois
    Every seed that you plant ,doesn't sprout.
    Every seed that sprouts, doesn't make it to maturity.
    Every cutting that you stick doesn't grow roots.
    Every cutting that roots doesn't grow to a small plant.
    Every small plant doesn't reach maturity.


    Who needs speelcheck?

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