Got to thinking today that out of the seed pod that i have, i may be lucky and have an extremely unique whatever. i know that if i helped in the creation of it, then i "own" it.
if its unique enough, how does one go about marketing it so that i can retire to the bahamas? (just kidding), but im curious to know.
take for instance the beauties that are now available. do you get residual profits off of future sales, like roses? do you sell the mother plant to the highest bidder?
i doubt if ill ever create one that makes me rich, money wise, but im still curious to know.
jen
Question about personal hybrids
Good question Jen. I wondered the same thing - do brugs get registered like daylilies do?
dave
Oct 16, 2001
You can patent any kind of plant that is not already discovered or "created".
The US Patent office will accept a patent of any plant that has not been patented, or that has been found to have been pre-existing. They will demand to know the method of creation. Methods I have seen are: Hybridizing, discovery in the wild, and force mutation through chemicals or natural abnormalities (like making the plant freeze and thaw rapidly).
Gardeners who think they may have developed or discovered a brand new variety have a few options. Two good ideas that I can come up with off the top of my head are:
Contact an attorney who specializes in Intellectual property, trademarking, and patents. This kind of attorney is familiar with the USPO (patent office) and will file all necessary paperwork for you.
Alternatively, there are a few companies out there who work directly with plant "inventors" to file all the paperwork AND will market your invention to nurseries, growers, and such.
Obviously, you are more limited with the latter choice, but for a new plant inventor, it may be a good way to get your feet wet in this kind of market.
Take my comments with a grain of salt, though, as I have never been through this process. I've just researched it.
Dave