Patent Identification

[Joey Begonia]

Hi Ann, I just registered with your new site. You really have a nice forum for exchanging information. Between you and Mike, I know that I am in heaven now!!! A question on patent identification. If one buys a series of rooted cuttings from a grower and the tags on the plants do not have any indication that the plants are patented, can one be fairly sure that the plants are not patent protected? For plants, how long does a patent cover the prevention on general propagation? Any insight from the board would be appreciated.

[sewfarsewgood]

I would think that if the cuttings were patented or trademarked then the tag would indicate this. Try and call them and ask whether they are patented or trademarked.

Gary J

[Jim Lang]

With purchased liners any I've gotten (several suppliers) that were protected either patented or trademarked it was very easy to tell (1) they charged a royality, (2) they sent special warning tags, (3) they sent written warning with the shipment.

[Ann B.]

Gary, this is my understanding, also, that patented plants must have a patent id on the label.

Joey, welcome aboard!

I have seen some labels where even the label maker has patented the label itself, so make sure that it is the plant that is patented and not just the label.

Here is a database that I found quite some time ago, when I was trying to figure out whether a plant is still patented. In this case, it was the Mr. Lincoln rose and it's rootstock.

http://www.uspto.gov/patft/index.html

I am not a patent attorney, nor do I wish to be, but from the research that I have done, and some posts that I have read on Mike's www.freeplants.com board quite some time ago, this is my understanding.

Plants are patented for 7 years. The name of the patented plant is trademarked, and will always be trademarked. My Mr. Lincoln is almost 20 years old, so need I say more? If you are serious and still question a plant, a patent attorney could help.

It might also help to make sure that one of the labels didn't get misplaced. Try to find a place that sells more than a few of these plants and check each for a patent id.

This is a very important question and I sure hope my answer helps!

[Ann B.]

Thanks, Jim! That is a very good point.

We were answering at the same time!