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Articles / TULARC / Crafts / Rose Gardening / | ![]() |
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43 Rose Gardening: patented roses: |
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This article is from the Rose Gardening FAQ, by Bill Chandler chandler@austin.ibm.com, Jolene Adams jolene@cchem.berkeley.edu, Brent C. Dickerson odinthor@csulf.edu, Karen Baldwin kbaldwin@veribest.com, and many contributors
A rose variety may be patented just like any other plant. A patent grants to
the holder exclusive rights to distribute and propagate that variety of
rose. Of course the patent holder can license others to distribute and
propagate that rose. A patent lasts for 17 years, so most older roses aren't
currently under patent. After the patent has expired, anyone can distribute
and propagate that particular variety.
Some nurseries divide their roses into patented roses and non-patented
roses, with the patented roses costing more. This is because they may freely
propagate the non-patented varieties, but their is usually a fee for
propagating patented varieties.
It is illegal to assexually reproduce a patented plant, even for personal
use. It is, however, legal to use a patented rose in hybridizing.
 
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