No, not all roses. Mostly those from American hybridizers, some from others. Patents are held for 20 years from the date the application was filed. To search a patent on a rose, you need to use the registered or "code" name, not the name the variety is sold under. In Tamora's case the registered name is AUStamora.

Tamora was introduced in 1983, and I can't find a current patent on it, so no worries about trying to root it at home. Austin does patent their roses (for example, AUSgold, aka Golden Celebration, is still under patent), so it is a good idea to check first.

Those vendors on eBay are either selling roses that are not under patent. If they are selling patented roses, they should have received permission from the patent holder to propagate the plants.

Here is a link that might be useful: Google Patent Search

Also, the helpmefind site usually lists the patent number and date for patented roses as well as the registered name, and this can be the quickest way to start your search for suitable candidates for propagation.

Here is a link that might be useful: Helpmefind

I understand rooting and selling a patented rose is illegal. But what if you root them to be planted in your own garden? Is it immoral/illegal too?

FJ

Yes. ANY asexual reproduction is prohibited.

It's really only fair.
The royalties are a pitance, really -- and the workman deserves his or her penny.

OLD ROSES, now -- those were NEVER patented, and in any case would be long past the patent expiration if they had been.
For those, propagate away!

Jeri

Since 1995, the term of a plant patent grant in the USA is 20 years from the date of the application. The term used to be 17 years until 1995, at which time it was extended. All patents still in effect at that time were extended to 20 years from the application or 17 years from the date of issuance, which ever was longer.

Using google patents is the best way to search patents in the USA. If you have the patent number, reduce to this format:
PP1234
PP is plant patent. Remove any leading zeroes.

If you know the breeder code, you can also search using that.

Using the advanced search feature, you can search INVENTOR using first and last name of the hybridizer.

Here is a link that might be useful: How do I figure out if a patent is still in force

If you REALLY want to see(read) people blowing smoke out of their nostrils on the patent and propogation issues, check the propogation forum. Some very heated debates there.

My Tamoras have own rooted and suckered, one of them heavily, so I think Tamora would be quite easy to root. I have little Tamoras coming up in quite a few spots.

Honestly, do you think people dig up and dispose of plants that reproduce that are still under patent? For instance, take coneflowers. I planted the new Sky series last year and there will be new babies this year. Under the patent laws, am I expected to pull up the new babies this spring? To a true gardener, that is genocide. Couldn't do it ...my fingers wouldn't allow it.
-terry

nobody has invented birth control for roses yet.

Terry, as Diane wrote, it's only asexual reproduction that's covered by the patent laws. Growing your coneflower seedlings is perfectly legal and birth control for roses is not necessary.

I have little Tamoras coming up in quite a few spots.

*** Well, Tamora, int. 1983, is quite legal.

Jeri