If You Sell Plant Cuttings You NEED To Know This!

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#sellingplants #plantpatents #sidehustle #houseplants

[@SheffieldMadePlants]

SOLVED! Why my houseplant is turning yellow 👉 kzbin.info/www/bejne/eKDTpoF8ds2ZqNU

[@NaturallyMsTasha]

This is silly. Plants are from God first of all. But 2nd of someone buys a plant and propogate it then later sells that plant, how would they prove this isn't the plant they purchased that they are selling?

[@nea1854]

Let's get a couple of things right. The protection a national patent gives you ends at the border. Any US patent is valid only in the United States of America, not elsewhere. "Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices." (source: United States Patent and Trademark Office). Besides patenting plants in the US and in the EU (plus UK) is very different. "Plant varieties and other plants obtained by breeding processes cannot be patented, but many plants obtained by biotechnological means can." (source Patenting Plants in Europe and the UK by J.A.Kemp).

[@Moondare]

Plant patents only last 20 years (well US Patents), maybe it is the same with European patents? It is worth checking when plant cultivars will fall in the public domain. Very interesting.

[@SheffieldMadePlants]

Good shout 👍

[@AuntTomato]

I just think that if you buy a plant then it's yours to do what you want with. The patent should be meant for other corporations and things though. But someone should be able to sell some cuttings from their house. To me selling the leaf from the plant is no different from buying the plant and selling the whole thing.

[@island_girl]

I've seen a ton of Manjula Pothos cuttings and propagated plants being sold on-line and last I checked, Costa Farms hold the patent for it and said it was illegal for anyone else to sell them. It's a miracle nobody's gotten sued yet.

[@SheffieldMadePlants]

Very interesting thanks 👍

[@missj9908]

I had no idea 🤷‍♀️ they were patented

[@SheffieldMadePlants]

Yeah lots of people don’t realise!

[@gendoll5006]

I mean I get it, I think the guy who created the Carolina Reaper has it patented and it’s like copying a DVD and selling it lol. But I never realized how so many plants are made in a lab and not nature! It makes me want to get rid of the man-made plants I have.

[@SheffieldMadePlants]

It’s wild isn’t it

[@SheffieldMadePlants]

It’s wild isn’t it

[@gendoll5006]

@@SheffieldMadePlants So wild! I legit thought these were all just plants found in nature somewhere and were just bred naturally through their own seeds, I didn’t realize how much like… selective breeding took place. Like how they got the expensive wagu steaks now from selective breeding the best cattle for years and years lol. I guess it’s kinda like that? It just wouldn’t happen in nature like that. My mind is still blown!! Love your content btw!

[@SheffieldMadePlants]

@@gendoll5006 Thank you 😊

[@annmckelvie3375]

Yeah...total shock to me. Was just thinking this morning of propagating some more pothos and selling. But had no idea about the lab plants....Sheesh!!

[@MorgannaRoseannaDanna]

The patent on the philodendron brasil expired on 2020-01-18. 😊

[@AuntTomato]

Oh interesting I was wondering because I had just bought one recently and didn't see any patent on it like I see with my raven zz plants.

[@louiseahmedtropicalplantgr5000]

I have the Njoy pothos and tradescantia nanouk, neither are difficult to buy as relatively inexpensive so would not see the need for propagation for selling purposes. There are so many unpatented plants, Devils ivy or Golden pothos, plants like these are pretty to look at. root very easily and easy to grow. Alot of our house plants come from tropical rain forests and jungles, and mutate in their natural habitat. Piper are a good example there are hundreds of variations.

[@SheffieldMadePlants]

Yep, lots of plants to choose from that aren't patented!

[@rndlh1996]

Huh?!? 😮

[@RavenXWritingdesk]

Oh my God that's right! That's those little cute names under the botanical names. It's like they own the DNA sequencing, like code or manuscript.

[@annmckelvie3375]

So...... What can you propagate to sell. I have successfully propagated as pothos. I put five lithle cuttings in to o water then transfered after six weeks to two separate pots. They are doing well. It gave me the notion to sell other. What a dilema.

[@blindovermatter3054]

I’m happy to grow plants that are mostly non-vera gated, I’m planning to propagate and sell a few varieties of plant in the coming months, but I’ve never been one for variegation. Part of that might be because I’m visually impaired and I can’t see a lot of the differences, but this definitely cements that decision for me, much easier to deal with plants that don’t have fancy colors :-)

[@asmrtpop2676]

But if you’re impaired you might not know you’re dealing with a variegated eh? 😅

[@blindovermatter3054]

A fair point, so usually when I go shopping for plants I have somebody who can do a visual check on the plant, whether that’s someone I’m shopping with or somebody in the store, I don’t want to end up picking up a vera gated plant if I don’t have the right light and conditions for it so I mostly work with plants that I know I can take care of by touch and trust that they are getting the care that they need, which for me personally ends up being plants that are not very gated. Hopefully that helps :-)

[@vickiandKi]

I see lots of Philodendron brazil cuttings for sale on ebay and Etsy. How is this not an infringement?

[@SheffieldMadePlants]

I’m pretty sure this plant is still under patent so they shouldn’t be selling cuttings they grew themselves 😬

[@gardeningnoob]

@@SheffieldMadePlants Patent on Philodendron Brasil has expired in 2020. It is in public domain now and I think can thus be freely propagated and sold.

[@maureensamson4863]

Most interesting ! Thanks for sharing this information !

[@SheffieldMadePlants]

Glad you enjoyed it

[@twjr2855]

Is there a way to sell and propagate the patented plants legally and appeasing the original grower?

[@SheffieldMadePlants]

Nope unfortunately not.

[@FuckThisSiteNow]

Non asexual propagation (growing from seed) is allowed but it won't hold true exact characteristics of the host plant 👍

[@asmrtpop2676]

Wait for the parent to run out. Or propagate and give away for free and water down the market.

[@jamee_maree]

@@FuckThisSiteNoware the seeds patented then? Totally newbie here so may be a dumb question lol

[@annmckelvie3375]

What about Pothos.

[@SheffieldMadePlants]

Don’t know you’d need to look up the pothos you have

[@Teenangst16]

It's shocking to know how many people are getting away with it, and even worse to know that I've unwittingly supported stolen products. Very good lesson to have learned, and grateful I didn't have to learn by getting in trouble. Will definitely be double checking from now on.

[@maureensamson4863]

That's so true ! I know that farmers were not supposed to harvest and save seeds for replanting , as per rules of some seed companies...