Is it legal to propagate patented plants by seed?

This probably a really dumb question. I collected a bunch of seed from a patented plant that says vegetative propagation is illegal. Is it legal to collect the seed and sell the plants grown from the seed?

I am not sure, but I think that vegetative means by division that you can't sell. In other words, you can't propagate the patented plant by cuttings or division to sell. What variety of plant are you talking about? Many plants don't come true from seeds, especially hybrid plants. And since they don't, a plant that you grew from seeds of the patented plant wouldn't be that same. It would actually be a new hybrid variety.

Sometimes what you get is unique. However, if you plan on selling a plant from those seeds, you really need to grow the plant first to see if it is what you are actually selling.

Gaillardia 'Fanfare is a good example of what does not come true from seeds. I had the exact same plant come up from seeds from the common Gaillardia. Unfortunately, it grew in a crack in my cement driveway. I could not get it out and accidently killed it. Eventhough it was a volunteer, I would not be able to sell it due to it was too much like the patented one that nurseries sell.

Yes, seeds are fine, the only thing the patent protects is propagation that would produce a genetically identical clone (cuttings, etc). Seeds won't produce a genetically identical plant so it's fine to propagate that way. However, many hybrids won't come true from seed so they may not look like the parent, and even if they do look a lot like the parent, since they are not genetically identical to the parent you shouldn't call them by that cultivar name when you sell them.

It differs...some patent say vegetative propagation prohibited some say all propagation from any parts prohibited. Depending on if it comes true from seed such as Lorraine's Sunshine perennial sunflower(can't spell the botanical w/o looking it up)

You can propagate the seeds, but if it is patened prohibited, that does include the seeds if you plan on selling them and even more so if you plan on registerign it as a new cultivar.

What you need to do if you growign and sellign the seeds, is write to the company, tell them abotu how many plants you grew from their seeds and get permission to sell them. If it a small amount they usually don't have a problem with it, especially if ya backyard gardener.
Usually if it just a few plants they let it go, if it alot, then all you have to do is pay the royaly fee to them for the plants and ya good to go.

If you have somethign unique and want to register it, you need to send the info to the patent company and get permission from them becaus e you have to register the parents.

Thanks for that info Star...I learn something new all the time on Dave's.

I had gooten email notice s here just a few weeks back for us growers to check if we have knockout roses cuz there some folks that have gone into major propagation of them and sellign them and the breeder ahs buste dthem and goign after them with lawsuits and for us to make sure w e don't have merchandize from them.

Some products that are ppaf , the growign right s are sold to some exclusive companies and them big boys take seriously infridgment s on their business and royalties. When ever in doubt always call breder company and ask. Saves headaches and lawyer fees later.

Most of the companies are pretty good , especially if ya only do a few. They wil just record how many ya said. Them breeder folsk always checking the net for who sellign their product . I had one a few years back i wanted to propagate, was only about ten plants but called and got the ok to go ahead.

Thanks for this wealth of information. It is great to be able to learn from others who have already been down this road rather than trying to re-invent the wheel myself. You are all great!

By the way, the plant I was referring to is called, Hibiscus, Luna Series.

I also took some seed from what my mother called a knockout rose when I was visiting her in Texas this summer. It was an old rose bush that has been there for years and I don't know if she knows the actual name or not. Is it illegal to propagate a knockout rose from seed and sell it?

The hibiscus, I would think you'd be ok on, but the knockout, now that a different story cuz the breeder is very very fusy abotu his stuff. I would go to the breeders site and email himand ask permission for sure on the knockout.

I know what license to get here in Texas to sell plants at our farmer's mkt but am not sure about the tax end of it. Do I need to add tax on each plant?

It depends. You need to check with yoru county extention service, it differnt if yoru a grower in a farmers market verse a hobby gardenist selling.

But most likely you wil fidn the answer to be yes. here the sales tax is 8 %. 4 % goe s to the county and 4 % goe s to the state evry month and don't be even a day late with yoru paymrnts or it a fifty dollar fine to each place.

Luna Hibiscus produce true from seed.

Here is information on growing them from seed.
http://www.gpnmag.com/Hibiscus-moscheutos-Luna-Series-article6743

This message was edited Apr 21, 2009 1:14 AM

What a wealth of information on the Luna Hibiscus. I wish I could find that level of information on other plants. I guess you have to be a paying member to get that level of info for other plants.

bill. you can fidn that kind of information. When you google, put the word s propagation of in front of the plant yoru lookign for. That wil brign up the more scientific side usually.