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Thread: Plant Patent

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    Capslock's Avatar
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    Plant Patent

    Not to intrude, but what exactly does a plant "patent" mean? Does that restrict our ability to propagate it in any way? How is it good?

    Capslock



    Merged related posts to new topic from the auction topic...
    Andrew
    Last edited by adnedarn; 06-16-2008 at 10:12 PM.
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    Patent

    I don't know if there are any fines or anything, but yes, James Booman did patent this plant. I guess one could face "punishment" for "patent violation" or something ... gotta look into that. I see where you are coming from though, Max. Indeed - how would it be enforcable? Anyway, maybe a separate thread on this subject would be good :-)

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    Capslock's Avatar
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    Yeah, on the surface this seems like totally ridiculous. You do not "invent" something you simply discover among seedlings, and the only reason to get a plant patent is to secure some sort of rights to it. Officially, it means "A plant patent lasts for 20 years from the date of filing the patent application and gives the inventor the right to exclude others from asexually reproducing, selling, or using the plant so reproduced.
    http://inventors.about.com/cs/biopat...ant_patent.htm

    Doesn't sound good to me.

    Capslock
    Malo Periculosam Libertatem Quam Quietum Servitium

    My photos are copyright-free and public domain

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    Max- It appears to me that SOME folks will place a patent on a plant to make it appear more desireable, rare, and/or worthwhile than it really is.

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    Admin- I'm growing CPs in the Desert of Tucson, Az. adnedarn's Avatar
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    I had just acquired some new stock for my store... And upon researching to write the descriptions I found one of these plants also has a patent... So guess I can't sell those. Hopefully it's okay to trade them. :sigh:
    Andrew
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    Neps_N_Things's Avatar
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    What was it? Can't see why you couldn't trade it. Personally I think patenting plants is a bit of a joke. Especially with something like a sarr that can asexually reproduce on its own.

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    Hi Andrew, thanks for moving this to a new thread. Hmm... I've seen 'Cobras Nest' for sale at quite a few locations. Some other places also sell "Red Bug" - and I think that's another one that is patented? No? Seems like a plant patent does not prevent one from selling the plant -- or does it just say that one can not propagate it?!? What next? LOL - Will there be another government agency issuing licenses to propagate certain flora?!?

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    Admin- I'm growing CPs in the Desert of Tucson, Az. adnedarn's Avatar
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    What I have is red bug.... Here is what I've found on it so far:

    Because the federal government allows individuals and companies to acquire trademarks on plant names and actual patents on certain plants, many gardeners ask whether it's legal to propagate those plants. Master gardener Paul James clarifies the issue:

    The United States Patent and Trademark Office issues two symbols:

    * An "R" within a circle means that a particular plant name has been officially registered and trademarked.
    * A small "TM" by the plant name means that the trademarked name has been claimed but not officially registered. Trademarks remain in effect for 10 years, but they can be renewed indefinitely in 10-year increments.

    If you see a plant whose name includes either of those symbols, you can propagate it asexually by taking cuttings. You can even sell the propagated plants for profit, but you can't call those plants by the trademarked name or acquire your own trademark for those same plants. You can, however, use the plant's cultivar name if it has one (shown in single quotes)--assuming that it isn't also patented.

    Patented plants are a different subject altogether. A plant's patent is good for 17 or 20 years, and it is not renewable. But during that time, it gives the holder exclusive control over that plant.

    Plants that have been patented will have either a patent number on the label or some indicator that a patent has been applied for. Patented plants may not be propagated in any way, shape or form without the owner's permission or until the patent term has expired. There aren't any plant patent police out there, but nurserymen and various trade organizations are always on the lookout for those seeking to infringe on a patent.
    from http://www.hgtv.com/hgtv/gl_plants_p...397126,00.html

    Seems like a joke to me too! As mentioned... Sarrs reproduce just by living. so I need to right away take out extra plants and destroy them?
    -Andrew
    Owner of TerraForums, FlyTrapShop.com, and cpforums.org.
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