I am certainly a long way from ever selling anything but how do you know which plants are protected by patent ?
plant patents
Good question, I'm watching too for an answer.
thanks for posting this,
I know that snowbank is patented
kathy
There are only 2 brugs patented, snowbank and miners claim.
Connie
wow, I didnt know about miners claim. Do you know who's they are, and who patented them, that's good to know too. Thanks
kathy
Snowbank belongs to Terra Nova Nurseries
Miner's Claim belongs to Monterey Bay Nursery
Can these be "traded" or is this also a NO NO? just curious I don't have either of them but was hoping to someday have one or both.
Well....I say trading is fair game....:)
But if you have cuttings to sale....I wonder where you can find a list of plants that are still protected. I assume that lasts for only so many years.
Someone told me No trading , no selling, no nothing, You can take a cutting for yourself, But they said, How else can they make back their money off these patents if their traded or sold. Which made sense to me. I was about to trade snowbank and asked about it first. Which is How I found out you couldn't trade it either. Learn something new every day LOL
kathy
Rights Conveyed by a Plant Patent
Grant of a patent for a plant precludes others from asexually reproducing or selling or using the patented plant. A plant patent is regarded as limited to one plant, or genome. A sport or mutant of a patented plant would not be considered to be of the same genotype, would not be covered by the plant patent to the parent plant, and would, itself, be separately patentable, subject to meeting the requirements of patentability. A plant patent expires 20 years from the filing date of the patent application. As with utility applications, when the plant patent expires, the subject matter of the patent becomes public domain.
I think I still have the url to the site I got this info from. I'll check and see.
http://www.uspto.gov/web/offices/pac/plant/#4
This message was edited Oct 21, 2005 3:51 PM
This brings up another question, LOL, I've heard this "I have a sport of snowbanks to trade" So what is a sport?
kathy
I love my Miner's Claim as the leaf color is distinctive enought to recognize it anywhere.
BTW, this is the Miner that 'claimed it', my friend Keith Miner in the red Hawaiian shirt. He works for Monterey Bay Nursery and found it in the greenhouse.
I think Margie, picturelady, took this shot of us. Tracy (lilystorm) on the left, a daylily grower friend Gary on the right.
Well he's a cutie! lol!
I wonder how much money these nursuries spend to patent these plants. I was told that you have to have fancy smancy hifalutin lawyers and scouts to help you to enforce patent rules. The lawyers alone are thousands and thousands of dollars. For the whole process 'patent all the way to enforcement' it can cost over a million dollars. I wonder if it is true.
I'm thinking if I was ever lucky enough to create or to even stumble upon a really distinctive brug I couldn't afford to even think about a patent. lol!
And I'm thinking ... do we really need to go to the expense of patents so early in the brugmansia game. If they are not sterile I guarantee both of these variegated brugs have already been used by the brug world to hybridize with. The chance of future lookalikes is even higher now.
That's a nice picture Sue
Kathy Ann ... a sport is any growth from the parent plant that does not look like the parent plant. An example: a stem on a variegated plant that is all green. Or a mutant that is all white.
WEll, Thanks vee8ch, I didn't realize that. I imagine that happens quite a bit, stems putting out solid color leaves and such. I've not had that happen to my snow bank, but it's just alittle thing.
kathy