Question about plant patents

9 years ago

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?

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Comments (7)

calistoga_al ca 15 usda 9
9 years ago
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
curtis
9 years ago
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.
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milehighgirl
Original Author
9 years ago
The tree was an Angel Red, and from my understanding I can't get another one. Any suggestions for early ripening, cold hardy cultivars?
gator_rider2
9 years ago
http://shop.monrovia.com/edibles/angel-redr-pomegranate-32459.html

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.
Scott F Smith
9 years ago
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.

Scott
fabaceae_native
9 years ago
October ripening is probably too late for milehigh (most years), as it is for meÃ¢ÂÂ¦ 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!
milehighgirl
Original Author
9 years ago
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.