What is a patented plant??🌲🌲 Understanding plant patents and what they mean for you!

[@savvydirtfarmer]

Have you even HEARD of patented plants?

[@shadesCAN]

Whenever you see pp 26358....etc The pp is short-hand for patent pending and doesn't mean plant patent.

[@functionalguy7]

Excellent job again. Best and clearest I’ve seen. A follow up about how trademark plants are related would be awesome.

[@paulv.1772]

Thanks for the video, lots of good information. I have been perusing the Indiana Berry catalog for Raspberries, Blackberries, & Strawberries for my own use and potentially for propagating. Their catalog identifed the varieties which are patented. After watching your video I went back and checked the Patent # of some of the varieties I had picked out and found many of the Patents have expired. Here is a partial list - Raspberries: Encore (my favorite), Prelude, Royalty (purple), Caroline, Anne (yellow). Blackberries: Expiring in 2024 - Ouachita. Plenty of Strawberries.

[@savvydirtfarmer]

It's interesting to see what is patented and what isn't. I didn't know about the Ouachita blackberries. That will be a good one to add to my little pile of plants in a couple of years. I am familiar with them!

[@lkascrammers3236]

Unreal the Grandparents would be rolling over in their graves to hear plants were patented. How crazy and unbelievable about being patented. So the patent police are going to invade your privacy to hunt out patented plants? Terrible and selfish.

[@tamnelson1388]

Thanks for Great info! I didn’t know patents lasted 20 years. Found out, my Proven Winner Winecraft Black Smokebush have patent thru 2037, but my Proven Winner (Lowes) Weigela Wine & Roses patent expired in 2017 (We have a Winner). Love your channel. Posts @ expired patents on sought after plants are much appreciated, as well.

[@savvydirtfarmer]

That weigela is a good one... I have grown it and propagated it with good success.

[@LeadByFaith81]

Wow, way good information. Now I have to go do my homework!

[@tolotonga69]

Im the 501 person that liked the video 😂

[@FlintRiverNursery]

So do you only pay the royalties when you buy it or again when you sell it too? How about trademarks? What about if you are growing patented annuals from seed?

[@savvydirtfarmer]

Patented plants aren't grown from seed. They are grown asexually, which usually means from cuttings, divisions, or from tissue culture. If you buy in a plant wholesale, you would typically pay the royalty then. It's just baked into the price... you really don't even notice it.

[@greenthumbelina7331]

Thanks for sharing that information. Now, you've made me curious about some of the plants that I've recently purchased for my home landscape. Now, I want to check when the patents on my new plants will expire.

[@savvydirtfarmer]

Yeah, it's definitely an eye-opener!

[@theduck7456]

Hello, Love to watch your Videos. Thank you for sharing. Have a question about plant patents. Almost all of us have plants around the house and don't know what the real name or the patents numbers are, How do you identify them to stay in compliance. Great job.

[@savvydirtfarmer]

I don't bring any plants into my nursery or onto my property at all unless I know exactly what they are. Legitimate nurseries that conduct themselves legally and professionally are fanatical about labeling, assuring they and their customers know exactly what plants they are dealing with. If you have a hydrangea in your yard, you really can't know with 100% certainty what it is unless you had the original label. In the nursery world, labeling is everything.

[@mayac2266]

I see big nursery like costa farm has patented plants out for sale and even had a tag said propagation is not allow but people propagate that plant and sell all over USA now. I want to patent a plant but I feel like I’m going to pay fee for nothing cause people will find the way to propagate and sell for themselves

[@savvydirtfarmer]

If any patented plant is being legally propagated, royalties are being paid to the patent holder.

[@brandonhunt1414]

Great video that went into great detail. I asked you this question a few weeks back on a different video! Thanks was very helpful.

[@savvydirtfarmer]

Good question... one I could actually answer.

[@pkile5132]

I'm so glad you covered this topic. People just starting out might not know some plants are patented. I wouldn't want to steal someone else's hard work. It looks like there's still plenty of mark-up on the plants once they're mature so you can still offer exciting varieties to your customers. Thank you!

[@savvydirtfarmer]

Patented plants can be a pain, but they do serve a good purpose. Plenty of great public domain plants out there though!!

[@stevenfrey8034]

Great video. So much valuable information packed in a short period of time.

[@savvydirtfarmer]

thanks!

[@EveBrandy]

Woohoo! CARMEL coral bells patten expires 9-7-24. Which is when I will start dividing the ones I buy soon. Thanks for explaining it plainly.

[@savvydirtfarmer]

That’s a good one!! I expect to be propagating a lot of them myself.

[@jawswill8052]

This was very helpful. I've worked on them and planted many. I just never looked into it. Good to know now that I'm starting my own nursery. Thanks for all your hard work!

[@svend438]

It would also be relevant to talk about trademarks.

[@savvydirtfarmer]

Working on it! thanks for the suggestion.

[@gracefarm394]

Thank you never thought much about this but very helpful

[@savvydirtfarmer]

Great!, thanks

[@anitahouse3600]

Thank you! I love your videoes. Always learn so much!

[@savvydirtfarmer]

You are welcome!!

[@TheBushdoctor68]

Great video on patents. It works way different than I assumed. Thanks for the info. I've got a hypothetical: What if I'm wildly collecting cuttings from where ever I can, and later find out there's a patented species among them? Do I quickly buy some licensed cuttings and mix them in so nobody can tell? Because I think that would be a nice compromise. Hahah. -edit. I guess my hypothetical is not something you would encounter as a professional grower. You obviously know beforehand exactly what you're going to be working with. For just a hobby nursery however, I can imagine it doesn't really matter if there's a patented species in the batch, because nobody (important) will notice. I guess if it turns out you can actually sell them, you would want to switch to licensed cuttings asap.

[@cherokeefloraandfarmwilk-iz8zc]

Great channel!

[@harveybyars8655]

Can u propagate a patented plant and just pay the patent owner the royalty

[@savvydirtfarmer]

Not without an agreement with the patent owner

[@lcrread]

Thank you for this video. Now I can look and see it a specific plant patent expires and safe to propagate them. I wondered if it’s a good idea to keep the label of the plant in some file folder or organizer to show proof in the near future to protect yourself.

[@rlbgardener6465]

Hi SDF, great video but I have a question about the part where you was talking about the 20 cents, now was per plant or per flat?

[@savvydirtfarmer]

It is per plant. As far as I know, the royalty is always listed separate from the price of the plant. So if the price is $2 a plant and the royalty is $.20 per plant, each plant will cost the buyer (the nursery) $2.20. That royalty is supposed to go away when the patent expires... but it doesn't always and I think that's shady for wholesale nurseries to continue charging a royalty when the patent has expired.

[@rlbgardener6465]

@@savvydirtfarmer thanks for the quick response, I thought it was per plant but wanted to make sure

[@rk-uf8ug]

Does a US plant patent also restrict propagation outside of the US?

[@savvydirtfarmer]

No idea - seems like it would be impossible to enforce, but I really dont know.

[@rk-uf8ug]

@@savvydirtfarmer I am in Canada and I see a lot of plant tags that have the US patent in our nurseries. In Canada, we have the plant breeder's rights. So I am thinking I am able to propagate US patented plants in Canada if they are not also patented under our Canadian plant breeder's rights.

[@TRINITY-ks6nw]

You are the type of person I appreciate, simple et goal oriented

[@tksoupmixkinsey8698]

Thank you!! Especially the royalty info and the number sequence for expiring patents!! Simplifies the patent search. Thx again!

[@savvydirtfarmer]

Glad it was helpful!

[@Kelly-ml5tl]

If you hybridize plants to protect your patent do you have to do all the different cultivar or varieties to prevent people from making plants very similar to yours?

[@savvydirtfarmer]

A lot of hoops to jump through to get a plant patent issues… years of expense, reliable propagation of consistent new species, etc. I’m sure it’s a long, expensive, difficult process

[@sherrieblake8674]

Excellent info! Thanks

[@tracykelley7165]

Thank you for sharing. Great info!

[@mattbarker4921]

Thank you for this valuable tip. I can see profitability concerns if someone operates a nursery, but would make an excellent door buster seller. So that would be the plus side I can see

[@savvydirtfarmer]

Patented plants are a HUGE seller, and the public is happy to pay for them, apparently. Their extra cost to the nursery is usually worth it, I assume, because they command a higher retail price. I don't deal with a lot of them... I'm just a one guy tiny backyard operation and there are thousands of public domain plants for me to deal with - and - I'm happy with that. But.. patented plants certainly have their place in the nursery world and there are some REALLY awesome looking plants coming to market every year.

[@beckysmith7142]

Very good to know!!! Thanks for sharing!!! Love your videos!!!

[@savvydirtfarmer]

Thank you!!

[@angelinemccloud1258]

Thank you this really helped me understand….. ur awesome

[@savvydirtfarmer]

Thanks for watching!

[@erinronhovde3165]

Your videos are so informative and to the point. Thank you! I recently browsed a garden center and saw several plants that I knew to be public domain and there was no patent listed. On the side of the pot, however, it said that "propagation of this plant is unlawful" or something to that effect. Any ideas why that would be written? Is it really unlawful? Also, if I buy seeds from a nursery, plant them, and sell the plants do the same patent rules apply?

[@savvydirtfarmer]

It really is unlawful to propagate plants that are under patent protection, which lasts 20 years from patent filing date. Sometimes plants get potted into random pots... big nursery's "pot piles" are truly a site to see. So, sometimes things get in pots they shouldn't be in. Know the plant's name. Its exact name. When in doubt, don't propagate it.

[@j.m.b.greengardens968]

Please see my post above - J.M.B. Greengardens posted on February 17th 2024, approximately 11:10 AM

[@ScarletKnightmare]

Loving the early upload! Happy Friday brother

[@savvydirtfarmer]

Same to you

[@mimi27513]

Very helpful!

[@savvydirtfarmer]

thanks!

[@somethingsgottagive8282]

Thank you 😁

[@savvydirtfarmer]

Welcome 😊