Patents and trademarks

Tony Avent
Thu, 21 Jun 2018 11:39:53 PDT
Correct, as far as a Plant Patent is concerned.  In the past, the standard was lower, and if the seed-grown offspring resembled the patented plant, then the offspring was covered, but that was changed more than a decade ago, so that the only covered plants now must be clonal.

Utility patents, however, are a different animal.  With a utility patent, any seed-derived offspring is covered by the patent. Utility patents are generally only used for seed crops, such as vegetables, agronomic crops, and some bedding plants.

Tony Avent
Juniper Level Botanic Garden<> and Plant Delights Nursery<>
Ph 919.772.4794/fx 919.772.4752
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From: pbs [] On Behalf Of Hansen Nursery
Sent: Thursday, June 21, 2018 2:35 PM
To: 'Pacific Bulb Society' <>
Subject: Re: [pbs] Patents and trademarks


Just to confirm, the patent laws for plants specifically refer to "asexual" reporduction. If I collect seeds and grow them on, these seeds are not covered by the plant patent laws?

Hansen Nursery<>

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