If I get a plant (brug) that has a patent, can I reproduce it by cuttings? and if yes, can I then give the cuttings away?
I wonder if it means I cannot sell when I grow? anyone know?
When a plant has a patent, what does that mean to me?
I believe you are not to sell any plants, or starts.
A plant which is patented means that repoducing it asexually is prohibited by law (by asexual reproduction, means by grafting or rooted cuttings). You can used it to reproduce sexually (by using it's pollen on another plant or by pollinating it's flowers with some other pollen).
For example, 'Miner's Claim' is patented (or at least PPAF). That means, legally, you can't share or sell cuttings from your's (if you had one). However, you can legally use it in hybridizing.
Thanks again Carter...saw your answer on BGI ! I think this info. would be helpful to other also so I posted the question in both places.
You're welcome! ;)
Carter, under the plant patent rules you are not allowed to use seed or pollen . The only thing you're allowed to do with a patented plant is to grow it.
Here is a link http://www.davewilson.com/patent_warning.html
edited to add this:
When we operated commercial greenhouses we dealt with patented plants all the time. We had to sign an agreement with the company that we wouldn't illegally propagate the plants(this document included a big list of stuff that was a no-no). The patent rights were administered by Royalty Administration and they would come by twice a year to make sure we were in compliance. Of course they wouldn't go to that much trouble for an individual and greenhouses are caught all the time taking cuttings of patented plants without paying royalties to the owner of the patent. Some plants the company would sell "rights" to take cuttings, some plants they would not and for each cutting taken we paid a royalty fee(usually 3 to 5 cents per rooted cutting, if it didn't root you didn't pay)
This message was edited Jan 25, 2005 9:46 AM
Thanks Susie for the information. I find the experienced people like yourself to be such a great asset to Dave's and we all know that nothing can take the place of experience. Thanks for keeping us honest and law abiding. You gave info that I was not aware of and I definitely learned something new today.
I was trying to find this information. I remember it being said on here more that once, that all we could do was grow the plant and enjoy. Thanks Susie. I don't like to post something like this unless I have a site for people to refer to. You did good. LOL!
You may well be correct, Susie - I'm not all that knowledgeable on the subject. I'm just taking my information from previous duscussions I've read on the subject. I dunno.
Your link, however, specifically does specifically say "asexual reproduction", which to my knowledge does not include doing it the "old fashioned" way. It mentions seeds, fruit, and pollen, but a quick Google on the subject mentions ways of asexual reproduction using those. The specifics are over my head (something to do with doing something with the genes of the developing embryo, etc), but, nothing about it says you can't use the plant for sexual reproduction.
In fact, I just found this including "plant patent" in the search (click the link for the full page):
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http://www.plantpatent.com/faq.html
"Q. What is Asexual Reproduction and Why is it Specified in the Plant Patent Act?
A. Asexual reproduction is the propagation of a plant by such means as tissue culture propagation, grafting, budding, cuttings, layering, division, and the like, but not from seeds which is a sexual process. Asexual reproduction is specified in the Act because this method of propagation insures the continuation of the new and distinct characteristics of the plant variety through succeeding generations. In other words, the progeny of the new plant variety will be substantially identical with the parent. A plant discovery is often unique, isolated, and not repeated by nature; a plant patent encourages those who own a plant variety to reproduce it asexually and provide an adequate supply for the public."
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It appears a patent specifically gives exclusive rights to the creator/inventor/breeder/patent applicant for that specific plant, but not any of its sexually reproduced progeny.
I don't know Carter, maybe it's whatever the owner of the plant puts in their agreement to sell. I know Monsanto won the lawsuit over someone using their pollen from a patented plant.
When we took delivery of our Yoder mum cuttings the agreement said "no use of pollen or seed and that sports of the plant were property of Yoder Mums."