Plant Database forum: Is it OK to enter propagation info on a patented plant?

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

If we know it is patented should we make note?
Keep believing ,hoping,and loving
all else is just existing.
Name: Lynn
Dallas, 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
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valleylynn
Oct 11, 2011 6:42 PM CST
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?
Name: Dave Whitinger
Jacksonville, Texas (Zone 8b)
Charter ATP Member Region: Texas Master Gardener: Texas Permaculture Raises cows I was one of the first 300 contributors to the plant database!
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dave
Oct 11, 2011 7:00 PM CST

Garden.org Admin

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.
Name: Cinda
Indiana Zone 5b
Dances with Dirt
Native Plants and Wildflowers Critters Allowed Garden Procrastinator Herbs Vegetable Grower Plant Identifier
Organic Gardener Keeps Goats Garden Photography Cottage Gardener Composter Houseplants
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gardengus
Oct 11, 2011 7:15 PM CST
thank you Smiling
Keep believing ,hoping,and loving
all else is just existing.
Name: Lynn
Dallas, 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 Celebrating Gardening: 2015 Plant and/or Seed Trader Garden Ideas: Master Level Sempervivums
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valleylynn
Oct 11, 2011 9:07 PM CST
Thank you Dave. I have learned something new today. Hurray!
Name: Rick Corey
Everett WA 98204 (Zone 8a)
Sunset Zone 5. Koppen Csb. Eco 2f
I helped beta test the first seed swap Plant and/or Seed Trader Seed Starter Region: Pacific Northwest Photo Contest Winner: 2014 Vegetable Grower
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. Charter ATP Member
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RickCorey
Oct 13, 2011 5:47 PM CST
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.

Name: Lynn
Dallas, 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 Celebrating Gardening: 2015 Plant and/or Seed Trader Garden Ideas: Master Level Sempervivums
Image
valleylynn
Oct 13, 2011 6:33 PM CST
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