Patented Plants

15 years ago

Some plants that we buy are patented. Meaning that it is prohibited to propagate by federal law.

What is your opinion on this. After all,you buy a plant,the seller gets your money. You now own the plant. You can kill it if you want but you can propagate to to have babies for adding

more to your garden? Baloney!!!

I will not be a sheep to this law. I will ignore this law and "go forth and propagate".If the owner of the patented plant

does not want me to propagate the plant that he sells me,

then don't take my money. If your opinion differs from minem

that's alright. I'll respect it.

Felix

Sort by:Oldest

Comments (18)

solstice98
15 years ago
Hey, if a branch breaks off, falls to the ground and sprouts - am I supposed to kill it?
I really take the patenting to mean that I can't propagate and SELL the offspring. If I want to spread them around my garden that's OK.

Kate
(Bee cool!)
0
coffeemom
15 years ago
I for one can't keep tags on my plants That's why I have alot of NOIDs in my yard.
The seller must truly believe that in years to come his propagation warning will still be attached to my plant. Good luck with that.
0
Related Discussions
are patented plants ruining horticulture?
Q
Comments (22)
"And plants can be a named cultivar without being patented." This was kind of my point. There had been for over a hundred years before the craze of patenting really took hold in the 1990s. Classic varieties like the pastel Chrysanthemum 'Mary Stoker' moved from producer to producer and slowly acquired the reputation they have as time-tested varieties. If 'Mary Stoker' had been patented, it's possible the original producer would have thought after a couple years "OK, people are tired of Mary Stocker, we better start offering the brighter more saturated 'Mary's Daughter'" and the better plant would have been lost to commerce eventually. I was using a bit of hyperbole to say it is ruining horticulture, but I don't think it's a good trend, overall. Nurseries that grow their own plants on a purely ad hoc basis (i.e. and e.g., don't have any patented varieties...think the former Seneca Hill Perennials) tend to struggle anyhow. It's not like they were really posing a threat to huge mega producers like Sunny Border, Monrovia, etc. A lot of those producers breed their own plants. So the only ones they have to worry about poaching their strains is another large wholesaler. But somehow this didn't affect the industry as a whole until about 1990. (there were patented varieties before then but it was very uncommon) As for the species vs. cultivar debate, I do think it's valid to bring that up too. I like to have a mix of species and cultivars. A garden entirely of flashy cultivars would not be to my liking. In the world of rhododendrons, for example, people like Frank Fujioka and Jim Barlup have bred utterly amazing looking plants, but if you know rhododendrons, you wouldn't think in a million years that nature could have produced something similar. So, I see such plants as more of a accent to have here and there. I'd say in my perennial bed I only have a few plants that are obviously hybridized but they have their place. For example the Gaillardia called 'Tokajer' which is one of the only Asteraceae I grew that definitely looked hybridized. I don't care, for example, for the new strange Echinaceas. But the 2 plants I mentioned had serious ornamental appeal and it's a shame some small fry isn't allowed to continue propagating them for the handful of people who still want them. Maybe I'm complaining more about the nature of the licensing and whatnot than the notion of patenting itself.
...See More
Fun Website for Newly Patented Plants
Q
Comments (2)
I love gawking at the new introduction plants. Here's another site for your enjoyment Here is a link that might be useful: Pride of Place Plants
...See More
Patented plants?
Q
Comments (13)
You probably do have some patented broms, HDD. I think there are a number of them, including Neo. carolinae Tricolor 'Perfecta'. I don't know of any enforcing that goes on with the propagation of that thing-- just about everyone has it. 'Ultima' is patented but I didn't find that out until after I bought a pup at a convention. There was no tag saying that, and it hasn't stopped me from selling pups either. I don't think anyone is going to go after the small grower, so I don't worry about it. I seem to remember hearing that Neo. carolinae 'Mother' had a patent covering not only it but also all of its offspring, making it illegal to use any of them for breeding. 'Mother' itself is seldom seen; the people who have it don't seem inclined to share it, but its babies are everywhere, so I don't know how you can control that. We grow a lot of Globbas too, and several years ago we tried to purchase some corms of the 'Jungle Jewels' series, which are patented. This in and of itself seemed odd to me because I had always assumed that a patented plant had to be a hybrid or sport or a GMO of some sort, but these are wild-collected species, so how can anyone hold a patent on them? At any rate, the grower/patentholder (who happens to be a friend of my husband's) gave us a stern lecture about not propagating them, and when Ken told him we wanted to try them as cut flowers he said no, we couldn't do that either! He never did send us the plants, I guess he figured we weren't to be trusted, LOL! Fortunately for us, we already had a couple of unpatented clones of that same species that we like better anyway, so we'll stick with those. Renaming and selling patented plants goes on all the time, sadly. From what I've heard pretty much all of the major tissue culture labs are guilty of this. David Shiigi had a lawsuit over a lab that released his Guz. 'Puna Gold' under another name. I don't know what the outcome of that suit was, but it's hardly an isolated incident.
...See More
Patented plants
Q
Comments (4)
Hmmm....I'm sorry, I can't answer your question but I'm REALLY glad you asked it. I have this bug in my ear (bat in my belfry?) about bacopa (maybe spelled "bacopia"). I can't afford it every year - it's 6 or $7 a plant! - but the one I have just keeps putting down roots on its own and making new "babies". So I just split off the bits and stuff them into a basket....and then someone tells me it's a "Patented plant". Really, what does that mean? That you can't seed and sell them? How on earth do you patent horticulture? My bac. just keeps on going (sort of like my spider plants), and I just let it. Actually, it's so strong I think it would keep on rooting even if I ignored it completely. But this idea of "commercially sacred plants".....am I the only one who finds it ridiculous, or is there a perfectly good reason and I'm just missing it? You may find this interesting: it's about the patenting of life forms in Canada. It reads, in part: "In the Monsanto case, a 5-4 majority of the Court has ruled that, even though plants are not patentable in Canada, a patent on a plant cell or a modified gene in a cell gives the patent-holder the right to control what others do with the plants because each individual cell in the plant contains the modified gene. (...)" So where does this leave us, legally speaking? Another article, titled "Time to deconstruct our plant patent law to reasonably limit scope", can be found here: http://www.newfarm.org/columns/elbert/2004/may04/052704.shtml All these links refer to Canadian law. I can access the U of Alberta's Law Library, if you'd like me too. I'm quite curious about the whole matter myself. A couple of things that might help: If you want to dig a bit for relevent info, please call the 1-800-0-Canada line (1-800-432-3341). I use them almost daily for everything Federal-related. They're friendly and very helpful. If they don't know the answer, they'll find out. If you have to phone Ottawa to get the list, go through the operator (dial zero) and explain you want to make a collect call (if you can't find a 1-800 number). I've made hundreds of such calls, and everyone from my Member of Parliment to the Minister of Agriculture has been courteous and helpful. I have my MP working on a tax problem now, and I hear from him every few days for a progress report. Sometimes they do NOT accept collect calls, but if you go through the operator she/he can explain why you're calling and they'll find out an alternate (local) number or a toll-free line. Don't let the Feds scare you away. They're a darned good resource. Finally, if you have a local library USE THE REFERENCE DESK. I can't emphasize this too much. They have called around the world for me, answering some pretty bizarre questions (I'm a writer). The Edmonton Public Library system is the best I've found in 6 countries, but all library reference desks are an excellent starting point. Hope this helps a little. Love, Merri Here is a link that might be useful: Rationalizing Patent Law in the Age of Biotechnology
...See More
countrynest
Original Author
15 years ago
Kate and coffeemom,
thanks for your comments.
Kate that is BP oil. I sell my honey then I purchase petro from BP oil.(just kidding) Getting off my soap box now.
Felix
0
scents_from_heaven
15 years ago
Basically from what I understand and believe me I have no legal training the plant patent protects a new type or bread of plant. it is generally applied to an asexually manipulated new species and thus it prevents others from reproducing the plant via asexual breeding. It mainly protects the plant owner for 17-20 years depending on who you speak with. Another person can not reproduce the plant for sale or sell the seeds etc. I do not believe it covers reproducing plants for your own usage. I mean if seeds fall on the ground can you not keep the plants? You just can not sell them. It would probably frown on giving away the seeds and cuttings as we do at our swaps but this I could not clearly determine. AS I said I AIN'T NO FREAKING LAWYER. Linda
0
wanna_run_faster
15 years ago
I'm not sure but I always took it to mean once you buy it, you can do what you want in your own yard but that you wouldn't (legally) be allowed to share or sell your cuttings. I know someone out there knows the legal answer to this!
0
beth7happy
15 years ago
hmmm...seems to me that an awful lot of plants would become extinct really really fast! Some of us have a God-given gift called 'Mercy'. That means that if we see a poor broken off piece of a plant, well...we just HAVE to rescue it! Ut oh..... there's a new plant. We're pretty likely to kill it, you know?....because it's illegal to propogate this plant that we rescued......! *giggle*
0
thonotorose
15 years ago
If I may weigh in..

Some of these breeders work for years to get their payoff. I agree that a plant that spreads naturally or loses a branch that then happens to root in my garden is fine.

Where the line is for me is that I would not be comfortable in propagating a patented plant and spreading it all around the state through trades. In that case, I would be denying the breeder his/her market. And this would be those cases where I KNEW this information. I would not sweat and toil to find the provenance of everything I have.
0
barbcoleus
15 years ago
I agree with everyone else AND I rip labels off of mattresses and pillows!
0
cindeea
15 years ago
HA HA Barb...me too, I am taking my mattress and pillows to jail WITH ME!

Felix, you raise an intriguing point that I have never really thought about. Take a look at my extensive amaryllis collection. All Patented named Hybrids.

http://picasaweb.google.com/CindeeA/Amaryllis

Now, although I never resell, although I could I suppose, sell their pup bulblets or seeds and the cross pollinations made from their blooms, I do trade them for other plants or seeds. Does that make me a criminal??? I have never really thought about it! something to make me go HUH????
0
trini1trini
15 years ago
I always thought the 'Big Guy' up there was the one who made all these plants. Thank goodness 'He' doesn't patent his plants or we would all be in trouble. :)
0
barrierisland
15 years ago
I did a little research on the caselaw for this - if they catch me, what are they going to DO TO ME? It looks like the focus is on selling the patented product. Gifting, accidentally propagating 10 babies..... if we wear dark clothing and do it at night we are probably OK. Frankly I like a bit of danger in my gardening. (Remember your first weed wacker?) This is very similar to copyright law for music and photos - if it is an essential component of something you sell, you are violating the patent. CHANGE THE NAME OF IT and hope nobody notices.
0
countrynest
Original Author
15 years ago
SO,Knockout roses could be punch roses.LOL.
Felix
0
barrierisland
15 years ago
Yep ... that could be a whole different thread.....
0
ionplants
15 years ago
Please read the following info about MONSANTO, the company that thinks they can own life.

A LONG and informative article from Vanity Fair

A comprehensive "Roundup" of Monsanto's tactics

Monsanto's slanted, misleading response which doesn't even address that they sue farmer's who don't even grow their products for "stealing" that which the wind blew to their fields, ruining the farmers' clean crops and livelihood!

Refuse to buy patented plants or seeds from companies owned by Monsanto (which is the vast majority of them, as Monsanto has bought up a substantial number of seed companies). Purchase from companies who refuse to use GM plants and seeds, and who readily state this in their info.

Thanks!
Diane

Here is a link that might be useful: IonPlants - Food Politics and more
0
tony_k_orlando
15 years ago
Felix, Love the BEE !!! What does it say on the bucket?

Good topic to discuss, no comment though. Its like religion, politics, abortion etc etc.
0
buriedtreasures
15 years ago
The plant patents prohibit the propagation for re-sale. Legally you can propagate for your own yard or even give them away. A gray area would be trading, as you are getting some in return for the patented plant, though I doubt you'll see anyone coming after you for this.

We ran into this with Canna Durban aka Tropicana aka Phasion. The patent has been tossed out in the UK and South Africa, but still in force in the states. We received a cease and desist letter from their attorneys, and proceeded to give the rest away, which they couldn't do anything about.

Chris
0
countrynest
Original Author
15 years ago
Hey,Tony! I thought you had already moved to Tennessee.
I canÂ´t make out what the can spells,IÂ´m afraid to get too close and get splatter. On religion,well, ItÂ´s Judeo Christianity. On politics it is conservative. It is the right
wing not the wrong. On abortion,all life is sacred. On etc,
there is too many etc. Some need to abort.
Diane, good links,thanks.
Chris,very interesting comments. Long live gardening Patriots!
Felix
0
tony_k_orlando
15 years ago
I looked at the pic again Felix and I guess it means MESSY duh! I didnt catch it b4.

We never even went to look at the area, we are still here and probably always will be.

Tony
0

Patented Plants

Comments (18)

solstice98

coffeemom

Related Discussions

countrynest
Original Author

scents_from_heaven

wanna_run_faster

beth7happy

thonotorose

barbcoleus

cindeea

trini1trini

barrierisland

countrynest
Original Author

barrierisland

ionplants

tony_k_orlando

buriedtreasures

countrynest
Original Author

tony_k_orlando

COMPANY

BUSINESS SERVICES

GET HELP

CONNECT WITH US

Patented Plants

Comments (18)

Related Discussions

countrynestOriginal Author

countrynestOriginal Author

countrynestOriginal Author

COMPANY

BUSINESS SERVICES

GET HELP

CONNECT WITH US

countrynest
Original Author

countrynest
Original Author

countrynest
Original Author