As long as you do not plan to sell the plants taken from the patented variety, there is no legal problem. This would include plants grown from seed, cuttings, cell culture, etc. If you sell plants derived from the patented variety, you would legally be required to pay royalties to the patent holder.

cool and I am sure it will tell me on the seed pack! Thanks

I take cutting of my plants and don't worry about patients because I don't sell them.

I don't believe there is a regulation of seedlings of cultivars. All seed is chance. You may not call a seedling a cultivar's name of course but labled as "open pollinated" you should be able to use the name of the cultivated patented plant in the labeling. That's my opinion based on my own logic.

When I grow seedlings of cultivars of Japanese Maples, my labels for my own records are written as such:

Acer x A. palmatum 'Bloodgood'. The "Acer" let's me and everyone else know that I have no idea of the other parent other than that it is a maple.

Dax

I don't think it's anything you would have to worry much about kimmie.

However if I understood what I was reading correctly, for example with daylilies, if someone actually goes through the trouble to get a patent on a variety then the patent extends to prohibitting all forms of propagation from that plant, be it sexual or asexual. That means no breeding new seed with it even though the offspring will be genetically different. But at the moment most breeders don't patent their daylilies anyway except for a very few so it rarely applies. That's why they will charge $200 for a new introduction and then just don't even worry about people propagating it or breeding with it once they buy it. I'm not sure what's common practice for other plants & species.

Danielle