Patent Questions

ashley05(MI 6a)May 23, 2014

Hi all!
Yesterday, I bought a new plant, a Schefflera arboricola 'Moon Drop' from Exotic Angel. It is patented. I have been reading about plant patents, but I want to make sure I understand everything. I'm not looking to debate the merits of plant patents, I am just looking to see what I can do legally.

The plant has both a PP number and a number that says PVNIII. I know the PP number is the patent number, but what is the PVN number?

I know that I can't propagate this plant for 20 years, but is it 20 years after the patent was issued (2004) or the date the patent was filed (2002)?

I bought one container of this plant, but there were three plants in it. Can I put each one in its own container, or do they have to stay in one? On the flipside of that, can I take cuttings and put them in the same pot as the rest of them to make the plant more full?

I think that's it for now. Thanks!

Thank you for reporting this comment. Undo
dellis326 (Danny)

If you're not earning money from them, do whatever you want with your plants.

If you want to sell them then you can run into legal issues.

    Bookmark   May 23, 2014 at 11:42AM
Thank you for reporting this comment. Undo

You can move them all to separate pots or leave them all in the same pot. Some would say there's less competition by moving them to separate pots, but I think it's personal preference really. I don't how easy it is to make cuttings and root them (Scheffleras at least), but if you can successfully do so, go for it.

I think the reason for the patent is not so you can't make cuttings and grow new plants, etc, it's so that you don't sell the plants and make a profit off of them. Especially if you're attempting to market it as the hybrid you came up with (well, I guess trying to make money off of them period, really).


    Bookmark   May 23, 2014 at 11:47AM
Thank you for reporting this comment. Undo
diane_nj 6b/7a

1. It is 20 years from the date the patent was issued.
2. Separating the plants is allowed.
3. Taking cuttings and rooting (or grafting/budding to another stock) is "asexual propagation" and is not permitted (whether selling or not selling).

    Bookmark   May 23, 2014 at 11:52AM
Thank you for reporting this comment. Undo
rhizo_1 (North AL) zone 7

Diane is correct.

It is a common misconception that patented plants can be propagated as long as they won't be put up for sale. It's illegal to do so, even for people simply wanting to increase their personal population of that plant.

    Bookmark   May 24, 2014 at 10:51AM
Thank you for reporting this comment. Undo
paul_(z5 MI)

But it is also true that there is little to no way for the patent holder to find out that you have done so unless you are foolishly brazen enough to tell people.

The patent is mainly aimed at industry.

    Bookmark   May 24, 2014 at 4:09PM
Thank you for reporting this comment. Undo
ashley05(MI 6a)

Thanks to everyone who answered. It looks like my instincts were right :-)

    Bookmark   May 24, 2014 at 9:06PM
Thank you for reporting this comment. Undo
dellis326 (Danny)

If I buy a patented machine or tool or piece of electronics and I choose to modify it in some way or make parts for them myself there is nothing anyone can do about it. I bought it and it's mine to do what I what with it as long as I am not infringing on the patent holders right to earn an income from said item, such as reverse engineering it and selling illegal copies.

A living plant is a dynamic and changing thing. There isn't any way other than a DNA test to prove that a plant you're growing is any of a number of cultivars out there and may not be genetically unique anyhow.

    Bookmark   May 24, 2014 at 9:08PM
Thank you for reporting this comment. Undo

I agree with Dellis..Hi Danny.
Hi everyone,

Ashley, If your new plant has multiple trunks, divide and re-pot all you want.
I wouldn't sell, 'even though it's nonsense,' on a heavy-traffic site like Ebay.

Can you post a photo? Toni

    Bookmark   May 25, 2014 at 11:44AM
Thank you for reporting this comment. Undo
ashley05(MI 6a)

Sure, Toni. Here ya go:

It's not the greatest picture, and I have no idea why the potting medium looks so wet (it really wasn't as wet as it looks), but here it is.

    Bookmark   May 25, 2014 at 1:46PM
Sign Up to comment
More Discussions
House Plants
Dracaenta Marginata
Question on pot-up house Azaleas
I have no problem growing florist Azalea as a houseplant....
Dying Calathea Plant
Hello all! I have recently started getting interested...
White bugs in saucer under spider plant
I found a pile of these small white bugs in the saucer...
Caitlin Maraist
Pachira browning
Hi, all! My Pachira needs help. The trunk is not soft...
Sponsored Products
Citrus Narrow Zig Zag Ovo Table Lamp
Lamps Plus
Sun & Moon 10 in. Wide Thermometer Wall Clock - 02327A2
$91.95 | Hayneedle
macLEDS Under Cabinet Lighting SNAP 12 in. 3-Watt Grey LED Under Cabinet
$29.97 | Home Depot
Grayed Jade Bold Stripe Giclee Glow Plug-In Swag Pendant
Lamps Plus
Stealth´┐Ż Brushed Nickel LED 54-Inch Ceiling Fan with Platinum Blade
$519.00 | Bellacor
Signature Flame Pendant Small - Strawflower Glass with Black hardware
$441.00 | Bellacor
People viewed this after searching for:
© 2015 Houzz Inc. Houzz® The new way to design your home™