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Question about plant patents

Posted by milehighgirl CO USDA 5B/Sunset 2B (My Page) on
Wed, Jul 9, 14 at 1:26

My question is in regard to a pomegranate that does not seem to have made it through the winter. I keep hoping I will see some shoots coming from the base but none have come so far.

So, if I paid for a plant which included royalties, what rights does that give me with regard to rooting another cutting? I could not in good conscience ask for a replacement, seeing that it is an experiment and was garaged all winter. Would it violate patent rights to root a replacement cutting?

Follow-Up Postings:

RE: Question about plant patents

Yes you are not allowed to propagate a new plant vegetatively if the patent is still in effect. You could however try and get it replaced under warrantee, if it did not perform as advertised. Al

RE: Question about plant patents

replacement warranties are not just to cover their errors. It is intended to assure you have a successful plant. It is factored into the price of every plant. If the warranty is still valid, use it.

I bought a tree from a nursury in my early days. It took off fine but died within the warranty period. The place asked for photos and determined why it failed (our fault), then issued a credit.

RE: Question about plant patents

The tree was an Angel Red, and from my understanding I can't get another one. Any suggestions for early ripening, cold hardy cultivars?

RE: Question about plant patents

Zone for 7-11 Monrovia will ship to nursery that in there program you see list in checkout process. I call Nurseryman on list info given I pickup there. I don't no if ship beyond 7-11 zones. All look's good for me in December To order receive in January.

RE: Question about plant patents

Don't get another Angel Red, its not cold hardy at all. Mine dies back every year. I'm not sure about how early a variety you would need where you are. Salavatski has been the most reliably cold-hardy for me so far; the fruits are type in October for me.


RE: Question about plant patents

October ripening is probably too late for milehigh (most years), as it is for me… I'm convinced it is best to invest in early ripening varieties and appropriate winter protection for those of us in marginal areas with short growing seasons.

I keep balking at the price of getting my winter protection set up and buying the plants, but the varieties other than 'angel red' that I have my eye on are: 'white', 'granada', 'sweet', 'ever sweet', and 'sverkranniy'.

However, it kills me every time I see all those cheap 'wonderful' poms for sale everywhere, while any early ripening variety is way more expensive and much more difficult to find!

RE: Question about plant patents

Yes, my reasoning for choosing the Angel Red was that I was going to have to garage it with my figs anyway, so early ripening was my priority.

I think I figured out why it didn't make it after flourishing all summer last year. I potted it in native soil rather than potting soil. There is a correlation with the trees that made it and those that did not, potting soil vs native soil. I lost a peach seedling and this pomegranate that were both in native soil. The peach was dug up and potted because I had grafted onto it.

Gator, thanks for the link to Monrovia. I can order it and I was thinking about trying Bountiful Blue blueberry also.

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