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 ...