How could they even enforce this? If I own the plant and give a cutting to my friend, how would they even know? This seems ridiculous but maybe I’m missing something
It is legally enforceable, but nobody does unless you are making a business out of it.
redoingredditagain
Patenting a plant variation and then using a stolen character name on it is quite a choice.
Automatic-Reason-300
I think the problem is if you try to sell them. Otherwise how can they avoid that?
heyitscory
They catch your website or nursery selling young plants that look suspiciously like their cultivar and sue you for damages.
Many-Scallion4780
This plant was around before the company and will be around after. They can kiss my ass
palpatineforever
if they find someone selling them they can do genetic testing to check if it is their patented plant. if you are just giving them away to friends no one cares, if you are making profit, they do.
jmb456
This isn’t uncommon in landscape plants. I know I’ve seen it on several abelia varieties
basaltcolumn
This is normal, you’ll see it on the tags of most named cultivars. It isn’t directed towards you, but rather other nurseries that may want to propagate them on a large scale for sale and not give any compensation to the folks who spent years developing them. They don’t care about random collectors propagating them.
Random_182f2565
ambahjay
Named cultivars generally fall into two categories imo: an interesting history lesson regarding the horticultural history between a plant and people, or marketing.
LordOfSox
Yes, but for this plant i dont know so we will go with a plant i know better like cotton candy grapes.
the plant itself is patented, they do this by proving its new and unique and extensivly describing its traits, then they patent it under a name like cott25 grape (i made this name up), this is usually some kind of weird name that you wouldnt want to sell under, this patent lasts maybe 20 years and the first 10 you are trying to convince people that ts tasty and you should buy tons of them.
The name cotton candy grapes is trademarked and trademarks can last forever so you sell it under this name and get people to associate your product with the trademarked name.
When the patent is still in force if i try to sell the plant i would be sued. When it expires i can sell it without being sued but i cant call it a cotton candy grape so instead ill call it a carnival candy grape but the big grape companys have had 20 years to get people to enjoy the brand name grape so now i can only sell as a knock off brand grape
11 Comments
It is legally enforceable, but nobody does unless you are making a business out of it.
Patenting a plant variation and then using a stolen character name on it is quite a choice.
I think the problem is if you try to sell them. Otherwise how can they avoid that?
They catch your website or nursery selling young plants that look suspiciously like their cultivar and sue you for damages.
This plant was around before the company and will be around after. They can kiss my ass
if they find someone selling them they can do genetic testing to check if it is their patented plant. if you are just giving them away to friends no one cares, if you are making profit, they do.
This isn’t uncommon in landscape plants. I know I’ve seen it on several abelia varieties
This is normal, you’ll see it on the tags of most named cultivars. It isn’t directed towards you, but rather other nurseries that may want to propagate them on a large scale for sale and not give any compensation to the folks who spent years developing them. They don’t care about random collectors propagating them.
Named cultivars generally fall into two categories imo: an interesting history lesson regarding the horticultural history between a plant and people, or marketing.
Yes, but for this plant i dont know so we will go with a plant i know better like cotton candy grapes.
the plant itself is patented, they do this by proving its new and unique and extensivly describing its traits, then they patent it under a name like cott25 grape (i made this name up), this is usually some kind of weird name that you wouldnt want to sell under, this patent lasts maybe 20 years and the first 10 you are trying to convince people that ts tasty and you should buy tons of them.
The name cotton candy grapes is trademarked and trademarks can last forever so you sell it under this name and get people to associate your product with the trademarked name.
When the patent is still in force if i try to sell the plant i would be sued. When it expires i can sell it without being sued but i cant call it a cotton candy grape so instead ill call it a carnival candy grape but the big grape companys have had 20 years to get people to enjoy the brand name grape so now i can only sell as a knock off brand grape