Propagating most houseplants or greenery from your garden Usually, this isn't a complicated procedure. Actually, it might appear as an excellent way to save money by generating numerous new plants from just one you have. However, you could overlook that many plant varieties are protected by patents, which makes it illegal to propagate them—even for personal use.
" numerous individuals do not know that patents are granted for plants," states Megan Mathey, who serves as the plant breeding manager at Spring Meadow Nursery Patents safeguard the plant breeder since they have dedicated considerable time and resources to cultivating a particular plant.
Similar to other innovative products, plant developers seek patents to safeguard plants they've cultivated with distinctive or novel characteristics. This patent ensures that only the owner—or those authorized by them—can reproduce the plant throughout the patent’s term. The granting authority for this patent is the government agency responsible for such approvals. United States Patent andTrademarkOffice (USPTO), says Mathey.
Below is the information you need regarding plant patents and when it’s acceptable (or not) to reproduce a plant you own.
Why Are Plants Patented?
New plants are constantly being developed. These advancements typically aim to enhance the vitality of a plant, for instance by strengthening its resilience against diseases, or to produce a more compact growth habit. Additionally, breeding can lead to distinctive traits like novel colors or refined forms of the plant, according to Mathey. Every type of new flora—including houseplants, seasonal bedding plants, perennials, shrubs, and trees—is subject to this process. edible plant —can be patented.
Typically, when dealing with shrubs and trees, it can take between six to eight years to cultivate a single new plant.
That represents a significant commitment of both time and resources, often spanning several years just for trials alone when you're cultivating a new plant," explains Mathey. "This includes expenditures like purchasing land and covering greenhouse costs. For instance, developers might have to cultivate tens of thousands of seedlings merely to launch one novel bush variety, focusing across numerous growth cycles to achieve desired attributes such as enhanced blooming or altered petal hues.
What Are Signs That a Plant Has Been Patented?
Patented plants Will include a label or catalog entry indicating they are patented. This information appears as follows: PP#27035, signifying Plant Patent Number 27035. Additionally, plant labels might display "PPAF," standing for “Plant Patent Applied For,” although the patent has not yet been approved.
"It typically takes between 14 to 18 months to obtain the patent," states Mathey.
Breeders also have the option to seek extra protection through a utility patent. This type of patent stops others from both reproducing the plant and breeding it with other plants. Additional legal protections Additionally, symbols like TM for trademarks or the circled R symbol for registered trademarks might also appear; this information comes from Mathey. Should you have doubts regarding a specific patent, consider conducting a patent search using either the plant’s name or the patent number.
However, when dealing with more ancient plant varieties, like rose bush That has been wandering across your grandmother's fence ever since you were young. spider plant If your mother grew such plants during your upbringing, they likely aren’t patented. You can propagate these plants however you like, according to Mathey.
For How Long Are Plant Patents Valid?
A plant patent remains valid for twenty years starting from the day the application is filed. Once these two decades have passed, according to Mathey, the details about the patent will be taken off the label or plant documentation. Following this period, anyone—individuals or commercial growers alike—are free to reproduce the plant without restriction as it enters the public domain.
Is It Possible to propagate a patented plant?
The simple response is no. You're legally prohibited from reproducing a patented plant, whether for gifting purposes or personal use. However, practically speaking, nobody will be knocking down your door over this issue.
But this falls into an ethical grey zone," Mathey explains. "Although many breeders aren't bothered by individual plants, they do have concerns regarding people operating modest-sized home nurseries or peddling their trademarked plants over the internet.
Be aware that if you are discovered distributing and selling patented plants without obtaining a license, plant breeders have the right to issue a cease-and-desist order or pursue legal action against you.
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