WAMcCormick said: Are any of the amaryllis types patented?
Yes
You can search them here
https://digital.lib.umd.edu/pl...
This is not the hippeastrum registry, (
https://www.plantscope.nl/ ) which is different, and this is not a registered trademark search, different yet again.
Can you be sued for patent infringement? That would be difficult to prove that your garden hipps were EXACT DNA copies asexually reproduced from anyone's patented Hipp.
NOLO said: A plant patent can, in most cases, be infringed only when a plant has been asexually reproduced from the actual plant protected by the plant patent. In other words, the infringing plant must have more than similar characteristics; it must have the same genetics as the patented plant.
https://www.nolo.com/legal-enc...:
But, don't use any trademarked names- that would be trademark infringement. Anyone could apply for a trademarked name on a patented or unpatented plant.
g_evere said: I will plant the seeds, ...
I market the offspring as my own....
Would that be illegal?
No.
And, welcome!
See the discussion above. The Hipps will not be DNA duplicates of their parents due to the recombination of cells- (meiosis) during pollenization and reproduction. EVEN IF you used the EXACT SAME PARENT PLANTS somebody used to create their patented plant, each sexually-reproduced offspring is unique. You and your siblings are not clones!
g_evere said:
Monsanto sued farmers for selling their patented corn
Monsanto won't be coming for you if you don't sell their GMO corn as your own seed line, which is what monsanto claimed those farmers were doing- knowingly or unknowingly.
That's a 'utility patent,' which is more like an invention of a scientific process (genetically modifying their seed) and not just a new plant introduction from traditional breeding programs, like cross-pollinating two existing corn plants and selling the new hybrid seeds
NOLO said:
Utility Patents for Plants
These patents have been issued for elements of plants such as proteins, genes, DNA, buds, pollen, fruit, plant-based chemicals, and the processes used in the manufacture of these plant products.
....
under (utility) patent laws, the purchaser can sell the plants but cannot manufacture the seed line.
https://www.nolo.com/legal-enc...:
I've been wrong before...
