Q.Plant And Seed Patents?
I somewhat recently became aware that seeds and plants can be under patents. Now I’m trying to slog through and figure out what’s legal and what’s not if a seed is patented (utility, pvp, etc.) and also how to figure out where to find seeds that are not patented so I don’t have to mess with it! If you can’t answer the following questions, I was hoping you could direct me to a source that could help. Are all heirloom seeds patent-free? (I.E. no regulations at all) If a plant is under a patent, can you sell the produce of the plant (flowers, veggies, fruit, herbs) as long as you aren’t selling the plant itself? Is it legal to *share* not sell a patented plant or the produce of that plant? Thanks so much for any feedback you can give! Your site is very helpful!
Certified GKH Gardening Expert
Plant patents are only good for 20 years. After that, anyone can grow the plants. If a plant or seeds are patented, it will be indicated on the label, or you may see PPAF (Plant patent applied for). Here is more:
https://www.gardeningknowhow.com/garden-how-to/propagation/propgen/plant-patents-and-propagation.htm
https://www.ams.usda.gov/rules-regulations/pvpa#:~:text=The%20Plant%20Variety%20Protection%20Act,seed)%20or%20tuber%2Dpropagated.
