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Apr 24, 2018 12:05 AM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
Is it ok to trade patented plants on Garden.org?
I assume it is not ok to sell them.
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Apr 24, 2018 7:10 AM CST
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Region: Ukraine Region: Florida Charter ATP Member I was one of the first 300 contributors to the plant database! Million Pollinator Garden Challenge
Birds Butterflies Bee Lover Hummingbirder Container Gardener Houseplants
Over the years I've heard a few people say, it's not illegal to propagate for your own use or for giving to family and friends ... just illegal to sell the plants. I may be wrong but I think when a plant is patented, all rights of the plant belong to the person who originally created the plant and went through the process of registering and acquiring the patent and it is illegal to propagate for any purpose. If a plant naturally goes to seed and you end up with new plants, that may be different but I'm not sure. I think I've read that patents may expire after some amount of time but I don't really know for sure how it all works.

Here are a few articles with information regarding propagation of patented and registered plants:
https://www.noble.org/news/pub...
http://www.davewilson.com/plan...
http://extension.oregonstate.e...
~ I'm an old gal who still loves playing in the dirt!
~ Playing in the dirt is my therapy ... and I'm in therapy a lot!


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Apr 24, 2018 7:36 AM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
So according to law when a patented heuchera starts declining after several years and needs division and replanting to survive we're just supposed to let them die?
Not happening in my garden. Big Grin
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Apr 24, 2018 8:00 AM CST
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Region: Ukraine Region: Florida Charter ATP Member I was one of the first 300 contributors to the plant database! Million Pollinator Garden Challenge
Birds Butterflies Bee Lover Hummingbirder Container Gardener Houseplants
I'm sure you can divide your Heuchera for planting elsewhere in your own garden but I just don't know what the legalities would be for trading or selling.
~ I'm an old gal who still loves playing in the dirt!
~ Playing in the dirt is my therapy ... and I'm in therapy a lot!


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Apr 24, 2018 8:09 AM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
Just wondering what Garden.org's policy is. I have at least 6 nice Heuchera 'Kassandra' I would like to list for trade. Acceptable?
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Apr 24, 2018 8:23 AM CST
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Region: Ukraine Region: Florida Charter ATP Member I was one of the first 300 contributors to the plant database! Million Pollinator Garden Challenge
Birds Butterflies Bee Lover Hummingbirder Container Gardener Houseplants
One of the site owners/administrators ( @Dave @jon @Trish) will have to answer the question of whether it's a good idea to list on the garden.org plant trading forum.
~ I'm an old gal who still loves playing in the dirt!
~ Playing in the dirt is my therapy ... and I'm in therapy a lot!


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Apr 24, 2018 8:25 AM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
Thanks for your help. I love Garden.org and want to be sure I follow the rules. Thank You!
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Apr 24, 2018 12:04 PM CST
Garden.org Admin
Name: Jonathan Whitinger
Grapevine, TX (Zone 8a)
Garden Photography Hybridizer Hosted a Not-A-Raffle-Raffle Daylilies Region: Texas Celebrating Gardening: 2015
Forum moderator Million Pollinator Garden Challenge
The General rule of thumb is that you can't trade/sell patented plants. This includes propagating and selling them for profit, or to trade them. The point of the patent is to prevent other people from profiting from the plants that the creator patented.
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Apr 24, 2018 12:58 PM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
Thank You!
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Apr 24, 2018 7:29 PM CST
Garden.org Admin
Name: Trish
Jacksonville, TX (Zone 8a)
I helped beta test the Garden Planting Calendar Charter ATP Member Region: Texas Roses Herbs Vegetable Grower
Composter Canning and food preservation Hosted a Not-A-Raffle-Raffle Organic Gardener Forum moderator Hummingbirder
To further clarify Jon's post-

Garden.org's official policy on plant trading is that the owners do not take any responsibility whatsoever. We do not police the trading of plants. It is up to each trader to research the laws- national as well as state laws for any and all plant trading. I tip my hat to you.
NGA COO, Wife, Mom, and caretaker of 90 acres and all that dwell there.
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Apr 24, 2018 7:31 PM CST
Name: Kyle
Middle TN (Zone 7a)
Region: Tennessee Plant and/or Seed Trader Cat Lover Dog Lover Roses Ferns
Hostas Foliage Fan Bromeliad Heucheras Native Plants and Wildflowers Birds
Thanks for the further clarification. Thank You!
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