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Re: CULT: patents/Store bought irises

From: "J.F. Hensler" <hensler@povn.com>

>>Or....are plant patents bogus?
Brian Thompson<<

Plant patents aren't bogus but usually aren't used for either irises or daylilies (Only one hem comes to mind that is under patent.)

When a plant is patented, it must be distinguished from any other patented plant of the same type; a patenting fee, patent search fees, and patent attorney add to the cost of introduction. Representatives, licensed growers, and the assorted others involved all need to be paid in shares or out of pocket.

Once a patented plant is released to the market, only those who have paid a licensing fee to the hybridizer or their representative may sell that variety of plant. (Figure the fee will average $300.) The fee is in addition to what the actual plants will cost.... and these plants must be purchased through the licensed propogater used by the hybridizer. 

Stop to think of how many named varieties of irises most growers sell and you'll start to see that this would add a huge amount to the cost of irises and put most of the small businesses out in the cold. It would also keep most new irises from ever seeing the market. 

Even a patent will not protect the public from those sellers who rip off the patented plants and grow them for market under a new name.

Educating the public is still the best approach. It gives us the opportunity to introduce people to the wide variety of species available as well as teaching them to understand the needs of what they're putting into their gardens. I've noticed here, success with one plant fuels the interest in growing more plants of the same type.

Christy Hensler

Newport, WA 


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