Patents and trademarks

Tony Avent Tony@plantdelights.com
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
Proprietor
tony@jlbg.org<mailto:tony@jlbg.org>
Juniper Level Botanic Garden<http://www.juniperlevelbotanicgarden.org/> and Plant Delights Nursery<http://www.plantdelights.com/>
Ph 919.772.4794/fx 919.772.4752
9241 Sauls Road, Raleigh, North Carolina  27603  USA
USDA Zone 7b/Winter 0-5 F/Summer 95-105F
"Preserving, Studying, Propagating, and Sharing the World's Flora"

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Since 1988, Plant Delights Nursery is THE Source for unique, rare and native perennial plants.

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From: pbs [mailto:pbs-bounces@lists.pacificbulbsociety.net] On Behalf Of Hansen Nursery
Sent: Thursday, June 21, 2018 2:35 PM
To: 'Pacific Bulb Society' <pbs@lists.pacificbulbsociety.net>
Subject: Re: [pbs] Patents and trademarks

Tony,

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?

Robin
Hansen Nursery
robin@hansennursery.com<mailto:robin@hansennursery.com>


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