Commiting A CRIME With Your Plants? | Understanding & How To Avoid Violating Plant Patents

Who knew that your houseplants could create a lawsuit?!?! But infringing on a plant patent could result in legal action.
Plant patents have been around since 1930, but recently has been talked about on all socials. Many plant parents don't know that you can even patent a plant, which was the last thing on my mind. But understanding and learning how to avoid violating plant patents can help you avoid a headache down the road.
*I also know theres been alot of issues with Costa Farms in the plant community, lately. I'm only using them as an example in this video due to the ease of information on their site.*
Here's my blog I've written on this topic to go into more in depth on understanding plant patents:
botanicalbrune...
Let me know in the comments below: How do you feel about a plant being patented?
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Check out my shop! 🌈✨ Handmade suncatchers, macrame plant hangers and propagation stations. All the stuff your houseplants have been asking for: /www.etsy.com/shop/botanicalbrunette
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l i n k s //
Blog: www.botanicalb...
Instagram: / thebotanicalbrunette
Pinterest: / botanicalbrunette
Sources:
Plant Patent Act: en.wikipedia.o...
Costa Farms Patents: costafarms.com...
Gabriella Plants: www.gabriellap...
Plant Tag: Lowes
Check out my Amazon Storefront here: linktr.ee/Bota...
i n v i d e o //
Philodendron Brazil
Pearl & Jade Pothos
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b o r i n g s t u f f //
#plantcare #houseplantcare #patents #plantpatents

[@KelliesHoya]

So I ended up doing a deep dive into the plant patents you highlighted: Plant patents last for 20 years. The years of patents I found: Philodendron Brazil: 2000 (So good to propagate & share!!) Golden Bay Aglaonema: 2013 Tradescantia Nanouk: 2012 Zz Raven: 2018 Pearls & Jade pothos: 2008 Manjula pothos: 2014 N'Joy pothos: 2007 This video was really informative and fun to watch!! 💚💚

[@BotanicalBrunette]

Really?!? Thank you for checking on that!! Looks like a lot of them are almost up! 👏👏

[@mabonniejungle....7851]

I understand and enjoyed your video, but il be dammed if im not giving away or trading cuttings, i dont think big companies patented their plants to stop us from selling, trading and giving cutting away at this level. Its more to prevent another large grower from not paying a patent fee. So I wouldn't be worrying people about legal action 🙄, can you imagine a large grower realistically suing someone for selling a few cuttings of any of the plants you spoke about. They would go bankrupt as these are such a common plants owning buy 100's of thousands of people!! As I said good video, but people have enough to worry about these days, and I for one have sold, chopped n propped, traded & gifted cuttings and babies of every single plants on your list..thats how i got a lot of my common plants ppl gifting me cuttings, so i try to pay it forward and gift cutting to new plant parents. Patents are to stop larger businesses from selling or growing and selling the *named* plant, even then very rarely does it end up in court and settled pretty reasonably. Please stop worrying people about being sued, enjoy your plants share them with friends, trade for other cutting, chop up your Brazil make your plant full and bushy. You wont be sued for selling a Nanouk baby to a friend!! Have a great worry free day everyone 😊

[@BotanicalBrunette]

@@mabonniejungle....7851 let me start off by saying that I 100% am with you and agree with what you said. I actually edited out a whole section of this video that talks about exactly that. But - I don’t know who is watching my videos or who could stumble across this one in particular. I have to carefully with what I say in my videos. I realize that it wouldn’t be worth a company or a patent holders time to come after you or I for propagating a Brazil leaf but they technically…could. I just wanted to make this video to educate people on patents and to just…be cautious. Thanks for saying what I couldn’t 😉👏🌿

[@Lorenmcdee]

I am not a business. I don't sell but I'm not going to stop trading cuttings. It makes sense on a patent level for major distribution companies but it doesn't make sense to me to limit small time purchase people. I don't respect that. Present me with a clear contract and don't just assume my knowledge at purchase.

[@BotanicalBrunette]

Yesss! I totally agree. It should only limit large scale selling and companies. Very well said! 👏🤍🌿

[@CampMegabea]

really if your not a nursery and making a profit , the paten police is not looking in every window...

[@BotanicalBrunette]

Definitely agree!

[@michaelscott181]

For personal use, it's technically okay, as long as it's not for profit. Usually it's not a problem if it's just for you at home. Seedlings is okay to grow and sell but you cannot call it the same. In other words, you cannot propagate from a cutting for profit because they would have the SAME DNA as the original plant that the inventor/creator made. You would be infringing on their original work. The patent police does not play around and will burn your nursery down to get rid of all copied plants. Just FYI, and you will be facing several fines on top of it all. Patents last 20 years,

[@lisaanglim9588]

Very interesting Amanda. But I think you can cut off the ends and stick back in your soil. What you do in your own home should be good as long as you don’t share with anyone else. Just don’t announce what you’ve done.

[@melanieklarofficial]

Google is not coming up with anything for me. I wonder if that means the plants I looked up aren’t patented?

[@tomkatz4090]

It's crazy plants should never have a patent on them, God created them.

[@gfamily1943]

Patent protected coorpations aren’t going to go after small businesses or us little people. It’s good to know but doesn’t really apply to the average consumer

[@PaulsMom93]

I love your makeup!

[@BotanicalBrunette]

Thank you!! 🥹🤍

[@yolyrom7233]

Good information to know, thank you

[@giajonsson6696]

I’m really tankful that this works differently with plants where I live. Here the restrictions only seems to apply for commercial use.

[@BotanicalBrunette]

I mean, they’re doing it right we’re you live. I think it should only apply to businesses 🌿

[@Greenleaves]

Thanks for sharing a new and useful video I like the feeling that communicates well even if the language is different Full watch, I want to come again Cheer Have a great time ☺🤭⚘😚💑

[@minniesmix]

I love your mini monstera!!

[@BotanicalBrunette]

Thank youuu!! She’s a beast! 😅

[@michaeld1726]

Amanda, this is a tricky subject that I discovered on another video. Something I never would have thought about! I believe you should be able to propagate for your own use. I think it's a subject for further clarification when it comes to personal use As apposed to resale. Unlike artwork for example, plants grow and need care and change. Hard to stop that! Still stumped on this subject.🤔 Aloha🪴

[@BotanicalBrunette]

I couldn’t agree with you more!! I feel like this should only be subjected to big businesses. I feel like once you buy the plant, it’s YOURS to do with what you want. 🤷🏻‍♀️😅🌿