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Oct 11, 2011 6:24 PM CST
Thread OP
Name: Cinda
Indiana Zone 5b
Dances with Dirt
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Question asked above.

If we know it is patented should we make note?
..a balanced life is worth pursuit.
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Oct 11, 2011 6:42 PM CST
Name: Lynn
Oregon City, OR (Zone 8b)
Charter ATP Member Garden Sages I helped plan and beta test the plant database. I helped beta test the Garden Planting Calendar I was one of the first 300 contributors to the plant database! Plant Database Moderator
Forum moderator I helped beta test the first seed swap Million Pollinator Garden Challenge Celebrating Gardening: 2015 Plant and/or Seed Trader Garden Ideas: Master Level
I do, so that people will know they shouldn't propagate it for sale or trading. Not sure what correct etiquette is. Dave how long does a patent last?
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Oct 11, 2011 7:00 PM CST
Garden.org Admin
Name: Dave Whitinger
Southlake, Texas (Zone 8a)
Region: Texas Seed Starter Vegetable Grower Tomato Heads Vermiculture Garden Research Contributor
Million Pollinator Garden Challenge Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Ideas: Master Level Region: Ukraine Garden Sages
According to the US Patent and Trademark office, a plant patent expires 20 years from the filing date of the patent application.

Propagation information is useful whether a plant is patented or not. Noting its patented status is a good idea.
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Oct 11, 2011 7:15 PM CST
Thread OP
Name: Cinda
Indiana Zone 5b
Dances with Dirt
Beekeeper Bee Lover Overwinters Tender Plants Indoors Cottage Gardener Herbs Wild Plant Hunter
Hummingbirder Butterflies Birds Lover of wildlife (Raccoon badge) Organic Gardener Vegetable Grower
thank you Smiling
..a balanced life is worth pursuit.
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Oct 11, 2011 9:07 PM CST
Name: Lynn
Oregon City, OR (Zone 8b)
Charter ATP Member Garden Sages I helped plan and beta test the plant database. I helped beta test the Garden Planting Calendar I was one of the first 300 contributors to the plant database! Plant Database Moderator
Forum moderator I helped beta test the first seed swap Million Pollinator Garden Challenge Celebrating Gardening: 2015 Plant and/or Seed Trader Garden Ideas: Master Level
Thank you Dave. I have learned something new today. Hurray!
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Oct 13, 2011 5:47 PM CST
Name: Rick Corey
Everett WA 98204 (Zone 8a)
Sunset Zone 5. Koppen Csb. Eco 2f
Frugal Gardener Garden Procrastinator I helped beta test the first seed swap Plant and/or Seed Trader Seed Starter Region: Pacific Northwest
Photo Contest Winner: 2014 Avid Green Pages Reviewer Garden Ideas: Master Level Garden Sages I was one of the first 300 contributors to the plant database! I helped plan and beta test the plant database.
My understanding is that a plant patent only prohibits asexual reproduction like cuttings or division.

If I'm right, it's always legal to collect seeds because that is sexual reproduction even when the plant was self-pollinated.

Of course the offspring are not likely to be identical to the parent, but you can select and keep crossing back until you get some individuals that you like. Then you can propagate that vegetatively to your heart's content.

Thus it is useful to know the best propagation method for some patented hybrid. After propagating it by seed for one or more generations, that method ought to be effective for your F2, F3 or whatever offspring.
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Oct 13, 2011 6:33 PM CST
Name: Lynn
Oregon City, OR (Zone 8b)
Charter ATP Member Garden Sages I helped plan and beta test the plant database. I helped beta test the Garden Planting Calendar I was one of the first 300 contributors to the plant database! Plant Database Moderator
Forum moderator I helped beta test the first seed swap Million Pollinator Garden Challenge Celebrating Gardening: 2015 Plant and/or Seed Trader Garden Ideas: Master Level
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