Plant Breeder's Rights and Store Bought Fruit @.@

9 years ago

Hello fellow Garden Webbers.

If a company/grower patents a variety of fruit/plant, sells those fruits to a grocery store - and then I buy that fruit from the grocery store and plant the seeds - are the seedlings that sprout still subject to PBR?

I've searched high and low across the internet but couldn't find any definitive information about this topic. I have found two threads where people have said that no, they are not subject to PBR anymore, but I just want to be sure so I can avoid getting into any sort of trouble selling a PBR protected plant. Not being a student of law myself, I have had a hard time deciphering PBR website explanations about protections/exemptions.

I hope someone will be able to help! Thank you!!

Comments (4)