Ask a Question forum: Trading Patented Plants

Views: 207, Replies: 10 » Jump to the end
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
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quercusnut
Apr 24, 2018 12:05 AM CST
Is it ok to trade patented plants on Garden.org?
I assume it is not ok to sell them.
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Deer Region: Florida Charter ATP Member Million Pollinator Garden Challenge I was one of the first 300 contributors to the plant database!
Garden Procrastinator Birds Butterflies Bee Lover Hummingbirder Container Gardener
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plantladylin
Apr 24, 2018 7:10 AM CST
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!


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
Image
quercusnut
Apr 24, 2018 7:36 AM CST
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
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Deer Region: Florida Charter ATP Member Million Pollinator Garden Challenge I was one of the first 300 contributors to the plant database!
Garden Procrastinator Birds Butterflies Bee Lover Hummingbirder Container Gardener
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plantladylin
Apr 24, 2018 8:00 AM CST
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!


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
Image
quercusnut
Apr 24, 2018 8:09 AM CST
Just wondering what Garden.org's policy is. I have at least 6 nice Heuchera 'Kassandra' I would like to list for trade. Acceptable?
Name: Lin Vosbury
Sebastian, Florida (Zone 10a)

Region: United States of America Deer Region: Florida Charter ATP Member Million Pollinator Garden Challenge I was one of the first 300 contributors to the plant database!
Garden Procrastinator Birds Butterflies Bee Lover Hummingbirder Container Gardener
Image
plantladylin
Apr 24, 2018 8:23 AM CST
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!


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
Image
quercusnut
Apr 24, 2018 8:25 AM CST
Thanks for your help. I love Garden.org and want to be sure I follow the rules. Thank You!
Name: Jonathan Whitinger
Jacksonville, TX (Zone 8a)
Hosted a Not-A-Raffle-Raffle Hybridizer Garden Photography Daylilies Region: Texas Celebrating Gardening: 2015
Forum moderator Million Pollinator Garden Challenge
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jon
Apr 24, 2018 12:04 PM CST

Garden.org Admin

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.
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
Image
quercusnut
Apr 24, 2018 12:58 PM CST
Thank You!
Name: Trish
Jacksonville, TX (Zone 8a)
Charter ATP Member I helped beta test the Garden Planting Calendar Region: Texas Roses Herbs Vegetable Grower
Composter Canning and food preservation Hosted a Not-A-Raffle-Raffle Organic Gardener Forum moderator Hummingbirder
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Trish
Apr 24, 2018 7:29 PM CST

Garden.org Admin

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.
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
Image
quercusnut
Apr 24, 2018 7:31 PM CST
Thanks for the further clarification. Thank You!

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