Question about patents

A few years ago I had a true sport of a varigated Crepe Myrtle that came up. I have no idea as to the exact id of the mother tree. I have hunted and hunted and so far haven't found any other varigated cultivars out there. For three years I have been monitoring this baby to make sure it holds the varigate d genetics.

I have it squirrled away in a safe place with somebody who has been helping me with it and making sure that it stays safe and healthy and that has alot more tree knowledge than I do.

It is pretty. Has dark green, pure cream and pink streaked sections through all the leaves. It is just starting to leaf out with the warm temps we had and now had to be move d back under shelter for this frost storm.

I was thinking about taking cuttings off of it this year and propagating more of them to make sure the variagtion stays stable. The trees are about 4 and 1/2' at the end of fall.

if it continues as good as it has, I need to think about getting it registered or patened , not sure exactly what the procedure is.

Has anybody here ever done any patening or registering that can tell me what my next steps should be? I know there no way I will probably be able to afford to put it into production, so I also looking for information on how to go about it and names of people who might be good to turn it over too.

I think I would get royalties, but not sure if that how it works. I been growing and protectign this baby so that hopefully it will bring some monetary value not for me, but to use for scholarships for some folks.

I have heard that there some good folks out there and some rip off companies, so I would appreciate any advice or help about what I should or should not do, things to look out for and any other advice you think important.

You would never gues s from my typing on here but when I decided to go to school at my age, I had the grades and had applied along with over 5,000 othe r people for a scholarship. When it came down to the final selection, I had to write my way to the top over 1,800 other people. Thanks to that scholarship I was able to get into the Ag field. I have to pay that scholarship forward. That just me, I belive in passign helping hands forward and hoping this tree might help a little bit.

I have my Dream-ing Green project going to help the folks in my community, but hoping the Crepe will be an adde d bonus for someone who needs help fulfilling a dream too.

Here's info from the patent & trademark office on plant patents, hopefully you'll find some useful info here on how to go about getting a patent:
http://www.uspto.gov/web/offices/pac/plant/index.html
This info will tell you how to go get the patent, but won't help with figuring out how to partner with someone to produce/market the plant or negotiate royalties, hopefully someone else will have some ideas where you can go to find info on that.

Contact Terra Nova Nurseries, Inc - they like variegation and are a tissue culture lab. I'm sure they have experience where someone has discovered a new sport/cultivar/etc and don't have the $ for the patent. Get some very nice pics, contact them and see what happens. Good Luck!
http://www.terranovanurseries.com/wholesale/modules.php?name=Content&pa=showpage&pid=382

Terra Nova, while loving variegation is pretty much a perennial nursery. While I'm sure they could lead you in the right direction, and they are very helpful, I would suggest Spring Meadow Nursery. And even that may not be a fit, as they are mainly into shrubs for northern climes, however I think they would be better than Terra Nova for a Crepe Myrtle. They are also big on variegated plants.

I'm not up on the southern nurseries that do a lot of new intros, maybe Baileys, but it wouldn't hurt to start with Spring Meadow. I think they will send you in the right direction.

http://breedersrights.com/

Thank you for all the information. : ) Took quite awhile to get through the pages, but sure did learn alot and alot of what I need to do yet as far as more documentation and stuff.

You reminded me too of somethign Polly. I need to propagate a bunch of cuttings and get them rooted good and then farm them out to northern folks to se e how far up and how well they will perform.

Sure wish trees grew as fast as flowers, but they sure provide plenty of beauty for many years once they come into their own.

Glad that helped, and the very best luck to you!

Be very careful how you "farm" them out as someone can take it and patent it themselves. I don't think it'd hurt to approach both mentioned places and see what they say. Make sure the variegation is stable and not a virus. Good luck and keep us informed. I want to see pics!

ECOLAGE tends to offer the newer, patented crape myrtles. If you are interested in seeing what you could get for selling the rights now (as opposed to patenting it and marketing the plants yourself), I'd suggest you contact them to see if they're interested.

Another option for someone who has experience in patenting and marketing unusual woodies is Hines Horticultural. (They own the rights to the elusive 'Chocolate' Mimosa tree.)

Whatever you decide, good luck!!!!

And yet another option - Plant Haven http://planthaven.com/. Jon Roethling, the young man who discovered Cercis 'Hearts of Gold', would be the one you should contact - just send the email (newplants@planthaven.com) to his attention.

Debbie

Thanks for the warning Growin. Totally forgot about the trouble I had when I first brought it out for help. Somebody had decided to walk away with the cuttings I had rooted off of momma the first year.

I am a very mild mannered person, but let me tell you, everybody heard how upset I was, not for me but because somebody had taken plants that were designated for scholarship hopefully one day. I let folks know they wasn't stealign from me but from the future of some well-needed folks. I was so mad that when folks seen me coming they ducked. I did find out that at the time if anybody did try to market it. All I would have to do is a dna test since I had mom and the documentation for it and could go after them. I never knew trees had a dna set genetic pattern same as people. About a week after gettign that tidbit out, my babies showed back up, uncut, but repotted. Took my plants back and left a thankyou note in their place. After that I had them taken to a secret garden.

Later when it gets all leafed out good will get somebody with a good camera and some decent photgraphic abilites to take some good shots. I am the worst photographer. Most of my pics all have my foot in them or they fuzzy. LOL

Appreciate all the other names to contact. Soon as I get a chance will try and contact them all and see what each has to say and go with the best for what will benefit some students.

Thanks for all the advice and help evrybody! : )