Scentimental's Patent Expired!

7 years ago

last modified: 7 years ago

Scentimental can now be propagated, now that 20 years has passed since the 1996 filing date! I plan to dig mine up to see if it can be divided into multiple plants. A cane that sprouts roots at the base is a good candidate for propagation, even if it is a thin cane that would have been discarded.

It is still protected by Trademark, which may limit your ability to sell propagated plants.

Featured Answer

mcnastarana

7 years ago

If the silly name is trademarked, that would be an opportunity to sell clones under some better name. Anyone up for a rename 'Scentimental' contest?

Striped Beauty

Pink Zebra ought to be catchy and easy to remember.

Sort by:Oldest

Comments (9)

stillanntn6b
7 years ago
I hope that there are some strains out there that don't show RMV as quickly as mine did. Mine showed leaf streaks in year 2 and it was always smaller than all the other HTs in its bed. It was also the rose that I put a max min thermometer next to and saw that when temps in that bed dropped to 28F in spring, its growth got damaged, when the surrounding HTs didn't.

Sounds like you have a good one that deserves to be long lived.
fig_insanity Z7b E TN
7 years ago
My Scentimental *was* always a weakling, too. It grew backward into oblivion and I never replaced it. Come to think of it, it was more touchy about late frosts and subsequent die back. I never noticed RMV on the leaves, but I'm sure it was there, incognito and undercover, doing its dastardly work. I'd LOVE to have a virus-indexed plant. I wonder if UC Davis or Malcolm have treated it, yet?
Related Discussions
El Toro Zoysia patent expired?
Q
Comments (4)
Thanks I found it on the website. It says that it was patented december 30 1986. Still it should have expired december 2006. But now I just read this. (To further complicate matters, some plants are both patented (the only legal means to protect a new plant) and trademarked. Some nurserymen discovered that they could walk a tight rope around the spirit of the law and get the 20 year protection that the plant patent provides, plus a further measure of protection by trademarking. Once the patent expired, others could propagate the plant, but could not sell it under the trademark name. Trademarks are valid for 10 years if actually used correctly in commerce, and can be renewed indefinitely for 10 year periods.) I can't find any info on its trademark status. But if it is then I can sell El Toro, but I can't tell anyone it's El Toro?
...See More
when patents expire?
Q
Comments (9)
Here's how to look each rose up: Go to helpmefind www.helpmefind.com to roses to search for roses and enter the name Gemini. There you'll find that the 'real' name is JACnepal Take that name to Google, to the even more page where there's a patent search feature. Go to advanced search, use the JACnepal and limit patent search to a few years before the rose was introduced (from helpmefind) and now. Before you'll see linked the google page that emerges and you can down load it to see the full patent application and get the date of expiration (twenty years after intro) from there. Here is a link that might be useful: JACnepal link
...See More
Propagating Expired PPs
Q
Comments (2)
"Is protection from a (plant) patent and protection from the PVPA two different things?" YES!!!, completely. I think that is where your confusion is coming from. Plant variety protection is used mostly for some agricultural crops to limit propagation from seed. "How would I find out if the (cultivar) is protected under one or the other?" ALL patented plants are listed in the plant patents section of PatentGenius.com. Patent pending status is not listed, but could only apply to relatively newly introduced plants (and would be clearly listed as such on most listings for the plant and on tags accompanying new plants). For roses and nursery stock, you don't have to worry about variety protections or some of the other more unusual legal protections sometimes used for plants. "Can I legally sell propagated plants from (cultivars) that have an EXPIRED plant patent?" ABSOLUTELY!!!, without question.
...See More
Patent expiration ???
Q
Comments (3)
I use Google Patents to search for patent dates on roses. Search on the rose's registered name (usually a code name that begins with the breeder's three letter prefix. You can get this in the rose description on HMF.) and you will get a summary of the actual patent ... if there is one. According to the US Patent Office, plant patents run for 20 years from the date of application. Many roses were never patented, so are pretty much fair game to propagate no matter how old they are. To get around the limitation on patent protection, some rose breeders are protecting their intellectual property by trademarking the name of the rose. Once the patent expires, it is legal to propagate, but the rose cannot be referenced except by the official name. This is why Austin roses, in particular, are listed in nursery catalogs as AUSblush (Heritage) or AUSmary (Mary Rose).
...See More
stillanntn6b
7 years ago
Striped Beauty

Pink Zebra ought to be catchy and easy to remember.

How about Blushing Zebras?
mcnastarana
7 years ago
Blushing Zebras, I love it.

Candycane Tiger, anyone?
User
7 years ago
last modified: 7 years ago
You are advocating the renaming of someone else's intellectual property, without their consent??
mcnastarana
7 years ago
Actually, I am using humor to express my contempt for cutesy rose names.

Speaking of renaming, maybe you would like to share with us the times you called out and or confronted the Heirloom Rose owners, past and or present, for their renaming practices of roses they actually did offer for sale.

Unless and until I do propagate and offer a renamed rose for sale, I think you could restrain your indignation. BTW, I am certainly NOT going to tell the neighbor who had a few too many that my new rose is named 'Crush on You', so if I ever do grow that particular cultivar it will receive a new name in my yard at least.
Sarah z8
7 years ago
last modified: 7 years ago
I think people are just having fun. I doubt anyone here would propogate to a level of making serious $. I'd rather put any effort towards crossing, creating a new/better rose instead. Oh I wonder if Scentimental would be a good parent for the cross I'll attempt and name Space X. Should I patent the name as intellectual property? Hahaha! (Just kidding Paul! )
fig_insanity Z7b E TN
7 years ago
last modified: 7 years ago
If I ever breed a pink-striped rose, I WILL be naming it Blushing Zebras, lol. I'll even split the royalties with you, Ann ;)

Scentimental's Patent Expired!

mcnastarana

Comments (9)

stillanntn6b

fig_insanity Z7b E TN

Related Discussions

stillanntn6b

mcnastarana

User

mcnastarana

Sarah z8

fig_insanity Z7b E TN

COMPANY

BUSINESS SERVICES

GET HELP

CONNECT WITH US