Patented and Trademarked Plants

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Growing Our Retirement

Growing Our Retirement

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Пікірлер: 11
@rosemarybushea3447
@rosemarybushea3447 6 ай бұрын
Very helpful!
@Growing-Our-Retirement
@Growing-Our-Retirement 6 ай бұрын
Thanks so much for watching 🌲🌲🌲
@michellebeatty7899
@michellebeatty7899 8 ай бұрын
Lots of patented dahlia varieties! It takes years and years to develop one worth releasing into the world. The hybridizers totally deserve their royalties!
@Growing-Our-Retirement
@Growing-Our-Retirement 8 ай бұрын
Yes totally agree! Some don’t understand the time and effort to truly develop something new. Those people should be rewarded.
@briansplantlife
@briansplantlife 6 ай бұрын
Good info! Ethically, as a grower, don't prop and sell patented stuff! Can you get away with it as a small grower? Probably, for a while anyway, unless the wrong person walked in with a list of authorized growers in hand. A bit of a quibble at 13:00. There are actually a ton of Trademarked plants. ( but you are right, not a lot of non-patented Trademarked plants) From shade trees to Geraniums. A lot of the big operators Patent their plants with a nonsense name or in-house code. Then they do a trademark name for marketing. As an example, there is a Hydrangea patented as Hydrangea macrophylla "Bailmactive". Patent number PP30,359. You will never see it on the market under that name. It sells under a fancier name - (in a special blue pot that YOU MUST buy to grow, sell, and especially Advertise that plant). Some of the big name patent holders do little to no plant development. They are just marketers. They go out and find cool new plants from actual breeders, and buy the rights to market them. So, for a real retirement plan, do a little pollen dabbing, or watch for genetic sports, trial the resulting plant for a good number of years, and then sell to one of those marketers with a royalty agreement-- Passive income! 😜
@Growing-Our-Retirement
@Growing-Our-Retirement 6 ай бұрын
Thanks for watching, appreciate your insights. Yes, inventing our own plant would be a good move! We keep very busy with non-patented plants. We may someday pay the royalty and bring in a few patented plants but no need to do that now. Thanks 🌲🌲🌲
@pennyday243
@pennyday243 8 ай бұрын
Love watching your videos. What are you going to use to label you plants with?
@Growing-Our-Retirement
@Growing-Our-Retirement 8 ай бұрын
Good question. One of our next videos is going to be about plant tags. We don’t tag everything and have some different methods of tagging that we will be sharing. Thanks 🌲🌲🌲
@janethalsey8753
@janethalsey8753 8 ай бұрын
What are the rules on collecting seeds from patented plants? I haven't in the past just to be on the safe side, but was curious what the real answer is. Can you collect seeds and grow plants to sell from patented plants?
@Growing-Our-Retirement
@Growing-Our-Retirement 8 ай бұрын
Great question. We didn’t go into seeds as this is a very complicated area. Our take on propagation by seed. Propagation Prohibited covers asexual reproduction such as dividing plants, root cuttings and taking and rooting woody cuttings. This is primarily because this the only way to produce an exact clone of the Patented Plant. You take a cutting and the new plant is genetically exactly the same as the original and you have this directly infringed on the Patent holder’s invention. Seeds are not typically mentioned in Plant Patents but can be referenced in similar IP protection. As we know with seeds they could be cross pollinated and the new plant then might not be a 100% clone of the Patented Plant. It might be or might not be. It may or may not contain modified genetics that were developed when developing the Patented plant. This gets very technical and requires biologists and attorneys to fight it out. Seeds get very complicated and much is driven by the large companies that have developed new strains or GMO’s of plants like wheat and corn. They have brought legal action when new plants have been propagated from seeds. To what extent and in what areas, we don’t know. Does this apply to us backyard nurseries, hard to say. We would not propagate a Patented plant from the seeds. We just choose to avoid any issues like this. When Propagating from seeds you may also have a Trademark restriction if you use the Patented plant and likely its Trademarked plant name. So, if you had a Patented and Trademarked plant like “Blue Sky Daisies” you might propagate from seeds and get away with it on a limited basis but you absolutely run a risk if you use the Trademarked name. Another reason we leave all this alone. You can of course just pay a royalty to the grower up front and be able to sell Patented and Trademarked plants legally. You just can’t propagate them. We didn’t go into every detail but we could have gone into growing Patented plants. In theory these are plants in demand that can bring you a better price when selling. Thus the upfront cost of buying Patented starter plants or plugs + the royalty + dirt, pot and fertilizer is still a profitable endeavor. This is the route we would take. Hope that helps as seed propagation is not something we do or have great knowledge of. The legalities with seeds get very complicated but there may be some risks some are OK with. We tend to play things very safe especially when there is so much we can legally propagate. Thank you for the excellent question!
@janethalsey8753
@janethalsey8753 8 ай бұрын
Thank you for the thorough reply. I appreciate you taking the time to explain. I figured seeds would be complicated. Great video and topics.
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