Post a reply

Image
Feb 27, 2012 10:42 AM CST
Thread OP
Name: Carole
Clarksville, TN (Zone 6b)
Charter ATP Member Garden Sages Plant Identifier I was one of the first 300 contributors to the plant database! I helped plan and beta test the plant database. Avid Green Pages Reviewer
I helped beta test the Garden Planting Calendar Garden Ideas: Master Level Cat Lover Birds Region: Tennessee Echinacea
Lynn, I may have confused you by showing all one type of plant like the hardy hibiscus. The "Patented" box is available in the Misc. section to be used with all plants. Here's another example using a different genus of plant:

Wintercreeper (Euonymus fortunei var. radicans 'Bushel of Gold')
I garden for the pollinators.
Image
Feb 27, 2012 11:29 AM 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 to both Dave and Tee. I finally see the Patent checkbox under Misc. Hurray!
I think this cold has affected my eye site and brain function. *Blush*
Image
Feb 28, 2012 4:31 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.
SongofJoy said:Does this need a databox to check off or ?

This is what the US Patent Office has to say about patented plants and I want to note patented plants in some entries:

"Propagation of patented plants in any way, shape or form without the owner's permission or until the patent term has expired, is strictly prohibited by federal law. Patents are for 17 or 20 years and are not renewable."


I thought that only asexual propagation could be prohibited (cuttings & root division).

I thought that it was always legal to produce and plant seeds, even deliberately, even if you bagged the blooms of a protected/patented plant and self-pollinated it.

I actually thought you could do all that, and even legally sell the somewhat random seed that resulted.

I realize those seeds aren't likely to "come true" to their parent, and that the result would probably not be commercially competitive with the protected variety - it might not even be recognizable as related.

It could take me days to find the quote that led me to this belief, but hopefully someone will say yes or no.

It's pretty academic for me since I almost never buy a plant, let alone a PPAF plant ... but I trade for seeds all the time, for example:
May Night Salvia / Salvia x sylvestris 'Mainacht'
Perennial Plant of the Year for 1997

introduced by the German horticulturist Karl Foerster in 1956.
I guess it's been around long enough for any patent to expire:

Even the F2 offspring of an F1 outcross can be pretty ...
Image
Feb 28, 2012 4:59 PM CST
Plants Admin Emeritus
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Aroids Irises I was one of the first 300 contributors to the plant database! Tropicals Vermiculture
Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge) Composter Plant Identifier
I was thinking the same thing you so eloquently wrote Rick. I remember reading an article about a potato grower collecting seed at years end and planting out the following. Monsanto inspectors took samples of his crop, which they were entitled by law to do, and discovered he was growing a hybrid potato with a Monsanto gene tagged gene. Apparently his neighbor farmer was growing Monsantos patented potato and the bees did their thing. Monsanto took the farmer to court and won. I don't know how that applies to most garden plants or their patents but I'll see if I can find the article.

edit: might have been corn. Scary stuff.
Evan
Last edited by eclayne Feb 28, 2012 5:02 PM Icon for preview
Image
Feb 28, 2012 5:14 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.
>> Apparently his neighbor farmer was growing Monsantos patented potato and the bees did their thing. Monsanto took the farmer to court and won.

Gee, I wish the farmer could have taken Monsanto to court and won, for polluting his seedstock!
Image
Feb 28, 2012 5:23 PM CST
Thread OP
Name: Carole
Clarksville, TN (Zone 6b)
Charter ATP Member Garden Sages Plant Identifier I was one of the first 300 contributors to the plant database! I helped plan and beta test the plant database. Avid Green Pages Reviewer
I helped beta test the Garden Planting Calendar Garden Ideas: Master Level Cat Lover Birds Region: Tennessee Echinacea
As far as I know, you can do anything you want if you don't get caught or ratted out. Hilarious! I imagine [asexual reproduction] might have been what the writer was talking about in context. However, the point of the question and the thread is what to do with a Patent box and patent information in the database. Ya'll ethicists can debate the other stuff. Green Grin!
I garden for the pollinators.
Last edited by SongofJoy Feb 29, 2012 5:52 AM Icon for preview
Image
Feb 28, 2012 5:31 PM CST
Plants Admin Emeritus
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Aroids Irises I was one of the first 300 contributors to the plant database! Tropicals Vermiculture
Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge) Composter Plant Identifier
Hilarious!

You must first create a username and login before you can reply to this thread.
  • Started by: SongofJoy
  • Replies: 26, views: 1,751
Member Login:

( No account? Join now! )

Today's site banner is by blue23rose and is called "Speedwell 'Georgia Blue''"

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.