list of maples with patent (trade mark)

Discussion in 'Maples' started by alex66, Sep 23, 2014.

  1. alex66

    alex66 Rising Contributor Maple Society 10 Years

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    hi everyone :) there is one link with list of maples with patent? How many years after the patent expires?
     
  2. Maxwell77

    Maxwell77 New Member

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  3. Ron B

    Ron B Paragon of Plants 10 Years

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    Note that patents, trademarks and registered trademarks are all separate conventions with their own features.
     
  4. JT1

    JT1 Contributor

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    I do not know of a list, but this article, by Maria Zampini, is very well written and answers questions about length, royalties, restrictions, and alternatives such as trademarks. (See attachment) It is not filled with legal "mumbo-jumbo" and gives the reader a very good understanding in a short amount of reading. Written by the owners of Lake county nursery (decades of growing experience and knowledge; much experience with marketing new plant introductions and legal protections) and the owners of Upshoot hort.

    Recent Articles

    In addition to the attached article that is quick and to the point. Here is some additional reading from the same author that goes into more detail for a more in-depth understanding.
    Patents Primer - Greenhouse Management
     

    Attached Files:

    Last edited: May 20, 2017
  5. alex66

    alex66 Rising Contributor Maple Society 10 Years

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    many thanks for this info!
     
  6. JT1

    JT1 Contributor

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    You're welcome Alex! Thanks for the positive feedback, I am glad to hear you found the info useful!
     
  7. JT1

    JT1 Contributor

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    (edit by forum admin: this post was made in reply to a deleted post from a removed user, but the info is good so retaining it even if now lacks a bit of context)

    A plant patent legally protects the actual plant itself and can apply to any plant (not just limited to trees). The patent protects all plant parts including cut flowers, fruit and berries.

    The patent also protects the plant from asexual propagation for 20 years. During the 20 year period you must have permission from the patent owner or a license agreement in order to propagate a patented plant. Once the patent expires anyone can propagate the plant.

    "Protected plants are identified in several ways including the following; PAF or PPAF (patent or plant patent applied for) or PP (plant patent) followed by the patent number.

    A plant patent has a life span of 20 years. It is not renewable, and once expired, a patented plant is available to anyone. A plant patent only provides protection rights within the United States. Thus, hybridizers of plants with strong marketing potential will need to consider applying for Plant Breeders Rights protection in countries outside of the U.S."


    Now if the patented plant has a trademark name it can be renewed infinitely. This would allow people to propagate the plant after the patent expires, but it must be sold under the cultivar name. You can't use the trademark name without permission or a license agreement with the trademark owner.

    For example (sorry for using a Japanese maple it's just what comes to mind) Acer palmatum 'Gwen's Rose Delight' is sold under the trade mark name Shirazz. Only those with permission can sell the tree as it's better known name Shirazz. Since the 20 year patent expired, anyone can propagate this tree but they must sell it as Acer palmatum 'Gwen's Rose Delight'.

    I hope this helps and please let me know if you have any other questions. With that said, I am not a lawyer, so if you are looking for legal advice please contact a lawyer.
     
    Last edited by a moderator: Mar 12, 2018

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