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Q.Plant And Seed Patents?

Anonymous added on May 14, 2024 | Answered

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!

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Certified GKH Gardening Expert
Answered on May 14, 2024

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:




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